Human Rights Report 2013

Human Rights Report 2013 eChileTunisManaguaTeheranCotonouTokioTunisHelsinkiBoekarestHamburgKopenhagenStockholmWellingtonMelbourneKopenhagenRabatBerlijnAntwerpenSanJoséR “To deny people their human rights is to challenge their very humanity”

Nelson Mandela, speech before the US Congress, 26 June 1990

Cover photo taken during Cape Town Gay Pride, 1 March 2014 – Photo credits: HIVOS Human Rights Report 2013

Preface

Nelson Mandela passed away in 2013. Few lives have been as devoted to the struggle for equal rights as his. Mandela understood like no other that universal values must be applied in a truly universal manner. Only then can all human beings lead dignified lives. Only then can stable, democratic states governed by the rule of law survive. Only then can we prevent human rights defenders from being murdered, as happened hundreds of times in 2013. The Netherlands is accordingly committed to achieving ‘justice and respect for all’ throughout the world, as explained in the government’s policy letter of June 2013.1 The present report contains an account of the Netherlands’ efforts in this area.

Promoting respect for human rights is a long-term process. It takes a great deal of time and energy to secure their general acceptance, and they can be curtailed again only too easily. Constant effort is required to ensure that for each step backward at least two steps forward are taken. In the Netherlands, it has taken centuries of gradual progress to reach the point where we are today, and still the situation here is not perfect. In 2013, the government drafted the first National Action Plan on Human Rights. If our country is to credibly call others to account for their shortcomings, the protection of human rights in the Netherlands must be exemplary.

Civil society organisations around the world are becoming increasingly vocal in their demand for universal rights. Many regimes however are becoming more adept at suppress- ing these rights. It is therefore crucial that we adopt an innovative approach to promoting | 3 | human rights worldwide, for example by making better use of the internet and cooperating with as many state and non-state partners as possible. Innovation is also a key consideration in awarding the Human Rights Tulip, which was presented to Aahung in 2013. This organisation uses various tools, including social media, to facilitate discussion on sexual and reproductive health and rights in Pakistan.

Human rights are difficult to quantify. It is therefore not always easy to measure the impact of our contribution. The human rights situation in a given country is influenced by multiple factors, and sometimes our efforts do not immediately produce tangible improvements. In such cases, we must nevertheless continue to dedicate ourselves to these efforts, if only to let marginalised groups and human rights defenders know that they are not alone in their struggle. Many people draw courage from such support, such as the over 100 predominantly young gay men who came to the residence of the Dutch ambassador in Senegal to be tested for HIV - in a safe environment, since homosexuality is still illegal in that country. I am proud that the Netherlands is helping to strengthen human rights around the world in such large and small ways.

The Minister for Foreign Trade and Development Cooperation joins me in issuing this report,

Frans Timmermans Minister of Foreign Affairs

1 Source: Front Line Defenders Annual Report, http://bit.ly/1gejwNu Contents

Contents

Preface 3 Abbreviations 5 Summary 7

1 Human rights in 2013: innovative approach 11 1.1 Trilateral cooperation 12 1.2 Internet-based innovation 13 1.3 Integrated: many partners, indivisible rights 15 1.4 Credibility 17

2 Themes 20 2.1 Human rights defenders 21 2.2 Equal rights for LGBT people 24 2.3 Equal rights for women 28 2.4 Most flagrant violations 33 2.5 Freedom of expression and internet freedom 35 2.6 Freedom of religion or belief 38 2.7 Human rights and development 40 2.8 Business and human rights 40 | 4 | 3 Forums and Instruments 44 3.1 European Union 45 3.2 United Nations 48 3.3 Organization for Security and Cooperation in Europe 49 3.4 Council of Europe and European Court of Human Rights 50 3.5 International courts and tribunals 52 3.6 Bilateral efforts 54

4 Human rights developments and Dutch efforts by region 57 4.1 North Africa and the Middle East 58 4.2 Asia 64 4.3 Sub-Sahara Africa 69 4.4 Western Hemisphere 76 4.5 Europe and Central Asia 81

Appendices 89 Appendix 1: List of projects financed with delegated funds from the Human Rights Fund 90 Appendix 2: Activities of embassies on 17 May 2013 (IDAHO) and 10 December 2013 (Human Rights Day) 91 Appendix 3: Key documents 101 Human Rights Report 2013

Abbreviations

ASEAN Association of Southeast Asian Nations AU African Union CoE Council of Europe COHOM Council Working Party on Human Rights (EU) CSR corporate social responsibility CSW Commission on the Status of Women (UN) DRC Democratic Republic of the Congo ECHR European Convention on Human Rights ECJ European Court of Justice ECRI European Commission against Racism and Intolerance (CoE) ECtHR European Court of Human Rights EEAS European External Action Service (EU) EIDHR European Instrument for Democracy and Human Rights (EU) EU European Union EUSR EU Special Representative FLD Front Line Defenders FLOW Funding Leadership and Opportunities for Women FOC Freedom Online Coalition FRA Agency for Fundamental Rights (EU) FREMP Council Working Party on Fundamental Rights, Citizens’ Rights and Free Movement of Persons (EU) | 5 | HDIM Human Dimension Implementation Meeting (OSCE) HRC Human Rights Council (UN) HRW Human Rights Watch IACHR Inter-American Commission on Human Rights ICC International Criminal Court ICPD International Conference on Population and Development ICRC International Committee of the Red Cross ICTR International Criminal Tribunal for Rwanda ICTY International Criminal Tribunal for the former Yugoslavia IDAHO International Day Against Homophobia ILO International Labour Organization IPEC International Programme on the Elimination of Child Labour (ILO) LGBT lesbian, gay, bisexual and transgender MDGs Millennium Development Goals MICT Mechanism for International Criminal Tribunals (UN) MRF Human Rights Fund NGO non-governmental organisation ODA official development assistance ODIHR Office for Democratic Institutions and Human Rights (OSCE) OECD Organisation for Economic Co-operation and Development OHCHR Office of the High Commissioner for Human Rights (UN) OSCE Organization for Security and Cooperation in Europe RNW Radio Netherlands Worldwide R2P/RtoP Responsibility to Protect RSCSL Residual Special Court for Sierra Leone SCSL Special Court for Sierra Leone SDGs Sustainable Development Goals SRHR sexual and reproductive health and rights SSD Security Sector Development (Dutch programme in Burundi) STL Special Tribunal for Lebanon Abbreviations

UN United Nations UNAIDS Joint United Nations Programme on HIV/AIDS UNDP United Nations Development Programme UNFPA United Nations Population Fund UNGA United Nations General Assembly UNICEF United Nations Children’s Fund UPR Universal Periodic Review WHO World Health Organization

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Summary

1. The Human Rights Report 2013 describes the action undertaken by the Netherlands during the past year to implement our country’s human rights policy.2 The starting point of the report is the policy letter ‘Justice and Respect for All’ of June 2013,3 and it therefore follows a similar structure. The report is comprehensive but not exhaustive. Promoting and protecting human rights permeates all of Dutch foreign policy. It would accordingly be impossible to list all our country’s efforts in the field of human rights. For example, Dutch embassies fund a large number of human rights projects.4 Inevitably, this report therefore presents a selection of the most salient developments and the Netherlands’ most effective action, with a strong focus on the contribution of the Human Rights Fund. It should also be noted that it would be inappropriate to publish details of some of the projects and action undertaken, as this could endanger the human rights defenders in question.

2. Chapter 1 discusses the innovative aspects of the Netherlands’ human rights policy in 2013 and what our country has done to put them into practice. Trilateral cooperation aims to strengthen human rights worldwide by means of a concerted effort. This involves cooperation between Dutch partners and a second partner, working in or with a third country. For example, together with Brazil and the United Nations Development Programme (UNDP), the Netherlands organised a round table meeting on equal rights for lesbian, gay, bisexual and transgender (LGBT) persons in Georgia in 2013. Internet-based innovation was a vital element of Dutch human rights policy in 2013. The internet creates | 7 | opportunities for human rights defenders as well as for repressive regimes. The Netherlands needs to devote attention to both the upside and the downside of this phenomenon. Through the Digital Defenders Partnership, it has supported important work in this area. An integrated approach is also crucial. In order to strengthen the full range of human rights (civil and political rights and economic, social and cultural rights), it is necessary to mobilise the entire spectrum of partners (from universities to companies and NGOs). The Trade Union Cofinancing Programme is a good example of this approach. The credibility of Dutch human rights policy is dependent on maintaining an exemplary record in our own country as well as throughout the EU, due to the latter’s importance as a channel for foreign policy. This makes the National Action Plan on Human Rights 5 and the Dutch initiatives for the adoption of an EU rule of law mechanism and a coherent EU approach to the equal treatment of LGBT persons 6 very important.

3. The themes of Dutch human rights policy are discussed in chapter 2, although they obviously feature throughout the report. The theme of human rights defenders is one of the priorities of the policy letter ‘Justice and Respect for All’. The national Action Plan for Human Rights Defenders 7 and the EU Guidelines on Human Rights Defenders 8 are the main guiding principles in this regard. The Netherlands cooperates with others as much

2 Foreign relations are a matter for the Kingdom of the Netherlands: the Netherlands in Europe, Aruba, Curaçao and St Maarten, as well as the Dutch public bodies in the Caribbean region (Bonaire, St Eustatius and Saba). Where this human rights report uses terms such as ‘the Netherlands’ or ‘Dutch’ it is referring to the Kingdom of the Netherlands, except in matters that specifically concern the country of the Netherlands, such as EU, NATO and OSCE membership and development cooperation 3 See http://www.government.nl/government/documents-and-publications/notes/2013/06/14/justice-and- respect-for-all.html. The present report obviously relates to the whole of 2013 4 An overview of projects funded by embassies from the Human Rights Fund, classified by country and by theme, appears in annexe 1 5 http://www.government.nl/documents-and-publications/notes/2014/03/19/national-action-plan-on- human-rights.html 6 Idem 7 http://www.government.nl/documents-and-publications/reports/2012/06/15/action-plan-for-human- rights-defenders.html 8 http://bit.ly/MmqV6t Summary

as possible to protect and support human rights defenders. It goes without saying that it is also active at bilateral level through its embassies, the Human Rights Fund and the Human Rights Ambassador. In 2013, the Human Rights Fund financed several key projects, such as Shelter City, which brings human rights defenders to the Netherlands on a temporary basis to offer them protection and provide them with tools and resources to carry out their work more effectively. In 2013, the Human Rights Tulip was awarded to Aahung, a Pakistani NGO that promotes sexual and reproductive health and rights (SRHR). The innovative nature of the activities involved was a key consideration in the award of last year’s prize.

4. The Netherlands also regards equal rights for lesbian, gay, bisexual and transgender (LGBT) people as a priority. Its policies in this area focus specifically on abolishing the criminalisation of homosexuality, opposing discrimination on the basis of sexual orientation or gender identity and achieving wider social acceptance of LGBT people. In 2013, the Netherlands was very active at international level in support of equal rights for LGBT people. For example, dozens of Dutch embassies organised activities to mark the International Day Against Homophobia (IDAHO, 17 May 2013), and the Ministry of Education, Culture and Science organised the first European IDAHO Forum in The Hague in 2013. The Human Rights Fund financed multi-year projects run by the Dutch LGBT organisation COC and the Dutch international development organisation HIVOS. In various multilateral forums, the Netherlands has pioneered LGBT equal rights. During the UN General Assembly in 2013, for example, it organised the first ever ministerial-level UN event on equal rights for LGBT people. | 8 | 5. The third priority of Dutch human rights policy is equal rights for women. Efforts in this area focus on the elimination of violence against women, women’s leadership and political participation, follow-up to UN Security Council Resolution 13259 and women’s economic self-reliance. In 2013, the Netherlands contributed €3.7 million to the UN Trust Fund to End Violence against Women and successfully advocated giving women a greater voice in the peace process in Syria. Women’s rights also feature prominently in Dutch efforts in the field of development cooperation. In particular, the Netherlands spent €400 million promoting sexual and reproductive health and rights (SRHR) in 2013. It also actively opposes human trafficking and child marriage. In September 2013, at the initiative of the Netherlands and other countries, the UN Human Rights Council (HRC) adopted a resolution that explicitly classifies child marriage as a violation of human rights.

6. The Netherlands actively continues to oppose and condemn the most flagrant violations of human rights – extrajudicial killings, the death penalty, torture, enforced disappearance, genocide, war crimes and crimes against humanity. It systematically speaks out against such violations at bilateral and EU level, for example through public declarations and démarches, and is a strong advocate of the Responsibility to Protect (RtoP or R2P) principle. In 2013, as co-chair of the Group of Friends of RtoP at the UN, the Netherlands organised a dialogue between experts and key countries and partly funded the preparation of the UN Secretary-General’s annual report, entitled ‘Responsibility to Protect: State Responsibility and Prevention’.

7. Freedom of expression continued to decline in 2013. While the diversity of news sources and the number of ways in which people can communicate continue to grow, more and more authoritarian regimes are placing restrictions on traditional and new media. In 2013, the Netherlands actively worked at bilateral and multilateral level in an attempt to turn the tide. As co-founder of the Freedom Online Coalition, it continues to regard the fight forinternet freedom as an important aspect of its efforts in this area. In the past

9 http://bit.ly/1cMNlKG Human Rights Report 2013

year, the Netherlands funded several notable projects, including the Media Legal Defence Initiative (MLDI) and the innovative StoryMaker app (see section 1.2). In addition, the Ministry of Foreign Affairs is funding Radio Netherlands Worldwide in its new mission to promote freedom of expression and freedom of information. This led, for example, to the development of the FreeWeibo app, which enabled Chinese users to access an uncensored version of the Sina Weibo social network. FreeWeibo was nominated for the 2014 Digital Activism Award.

8. The Netherlands devotes persistent attention tofreedom of religion or belief. As in previous years, it employed bilateral and multilateral instruments to guarantee and promote individual rights in this area, including the right to hold theist, non-theist or atheist convictions, the right to change one’s faith and the right to live one’s life without religious convictions or practices. In 2013, the Netherlands contributed substantially to the adoption of the EU Guidelines on the promotion and protection of freedom of religion or belief, which therefore dovetail perfectly with Dutch policy in this area. At bilateral level, the Netherlands focuses on countries where freedom of religion is under serious threat, for example by entering into dialogue with the relevant governments and supporting projects aimed at protecting religious and ideological minorities and individual dissenters.

9. Human rights and development are also a theme of Dutch human rights policy. This manifests itself chiefly in our country’s efforts to firmly embed human rights in the post-2015 development agenda. As far as the Netherlands is concerned, civil and political rights and economic, social and cultural rights should be regarded as indivisible. For | 9 | example, the Netherlands focuses on including gender equality and the empowerment of women and girls as an integral part of the post-2015 development agenda.

10.Finally, the Netherlands devotes considerable attention tobusiness and human rights, with a view to preventing the involvement of companies in human rights violations. The UN Guiding Principles on Business and Human Rights play a key role in this regard. At the end of 2013, their implementation resulted in the publication of the National Action Plan on Business and Human Rights, which formulates specific action points for the government to promote respect for human rights in the business community. For example, based on the results of the Sector Risk Analysis, the government will enter into a dialogue with the most vulnerable sectors to examine how the situation can be improved and whether there is any scope for voluntary corporate social responsibility (CSR) agreements. Under the banner of business and human rights, the Netherlands is also making efforts to combat child labour, for example by making a financial contribution to the Child Labour Platform.

11.As discussed in chapter 3, the Netherlands has various bilateral and multilateral forums and instruments at its disposal for implementing its human rights policy. It prefers to work together with as many countries as possible, as this improves the chances of having a real impact. In practice, this means that the EU is a very important channel for Dutch human rights policy. The Union’s shared values and relatively streamlined decision-making structures make collaboration at EU level a logical step. In addition, the EU is a major global player. The Netherlands deploys its bilateral and multilateral efforts in such a way that they reinforce each other. For example, it can carry out UN resolutions by funding projects through the Human Rights Fund. For every challenge in the field of human rights, the Netherlands tries to strike the right balance between bilateral and multilateral action, public and quiet diplomacy and shifting coalitions of like-minded countries. Summary

12. The final chapter of the report takes a closer look at the variousregions around the world. It focuses on a selection of countries where notable developments have occurred and the Netherlands has been able to help strengthen human rights. In the interests of credibility, it also devotes more detailed attention than previous reports to a number of other Western countries (both EU member states and non-member states).

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1 | 11 | Human rights in 2013: innovative approach Human Rights Report 2013

1.1 Trilateral cooperation

In its 2013 policy letter ‘Justice and Respect for All’, the government announced its intention to engage in trilateral cooperation in the field of human rights. The aim of such cooperation is to improve human rights worldwide through a concerted effort. In addition, it is a way of intensifying cooperation with emerging states and organisations from those states. Trilateral cooperation involves cooperation between Dutch partners and a second partner, working in or with a third country. It is thus broader in scope than intergovernmental cooperation, as it also encompasses cooperation between and with civil society organisations, companies and knowledge institutions, and provides regional actors with an opportunity to play a pioneering role. In some cases, it can be easier to raise human rights issues with another country whose experiences are closer to those of the target country. It goes without saying that, the Netherlands also worked with other Western and non-Western partners to promote human rights prior to 2013. In the past year, however, there has been an increase in the number of new and established trilateral partnerships tackling specific human rights issues. Several examples are discussed below.

• At the beginning of September, together with Brazil and UNDP, the Dutch embassy in Georgia organised a round table meeting on equal rights for lesbian, gay, bisexual and transgender (LGBT) people. Participants included representatives of Brazil’s National Council for Combating Discrimination and Boris Dittrich of Human Rights Watch (HRW). Among other events, the programme included meetings with Georgian coalition and opposition MPs, the local LGBT community and human rights organisations, as well as a | 12 | public debate about the visibility of the LGBT community. In Georgia, promoting LGBT equal rights is regarded as a European issue. Cooperating with Brazil thus provided an opportunity to demonstrate that LGBT advocacy also takes place outside Europe.

• In 2013, the Dutch embassy in Poland actively engaged in various forms of trilateral cooperation with Poland and Belarus. For example, in close cooperation with a Polish NGO, it launched a process to develop the capacity of Belarusian NGOs defending minority rights, including the establishment of a specific training programme for the leaders of these NGOs. This programme strengthened the connections between existing LGBT organisations and improved the quality of their project proposals to the Dutch Human Rights Fund. Furthermore, on the occasion of International Human Rights Day, the embassy organised a seminar on human rights violations in cooperation with a Polish NGO. The theme of the seminar was solidarity and participants included speakers from the Netherlands, Poland and Belarus. The seminar was streamed live, which meant that, in addition to the participants themselves, an audience of over 600 (including people from NGOs, experts, students and the media) in Belarus was able to follow the proceedings.

• Prime Minister Mark Rutte’s visit toIndonesia in November 2013 resulted in a Memorandum of Understanding (MoU) on trilateral cooperation between the Netherlands and Indonesia. In 2013, the Dutch embassy in Indonesia started exploring possibilities for trilateral activities with the Institute for Peace and Democracy (IPD) and Maastricht University (UM). In November, in the presence of the Dutch Minister of Foreign Affairs, the two institutions concluded an MoU as a prelude to actual cooperation. At present, a project proposal is being developed to provide training programmes on democratisation and human rights, drawing on experiences gained in Indonesia, to representatives from Burma, Cambodia, Laos, Timor-Leste and Vietnam.

• In 2013, together with Senegal, Norway, Estonia and the International Criminal Court (ICC), the Netherlands organised a seminar in Senegal to increase support for the ICC in Africa. Two of the topics discussed at the seminar – witness protection programmes and relocation agreements – are vital to the Court’s effectiveness. Following the seminar, Human Rights Report 2013

some of the participating African countries concluded witness relocation agreements with the ICC.

• An example of trilateral cooperation between the Netherlands, Russia and the Council of Europe (CoE) is the Human Rights Fund’s project to establish a new Master’s programme in Russia in the field of international law, focusing on the European Convention on Human Rights (ECHR), in combination with short, practically-oriented courses for lawyers. The project, which is supported by the Dutch embassy as well as local authorities including the local ombudsman, is called the ‘Urals School of Human Rights’.

• During the ministerial week at the United Nations General Assembly (UNGA), the Netherlands, Ghana, Canada, UNFPA and UNICEF organised a successful side event on child marriage. The Dutch Minister for Foreign Trade and Development Cooperation was one of the key speakers at the event.

• The Netherlands is working to establish as many joint Responsibility to Protect (RtoP) initiatives as possible. For more information on Dutch cooperation with Nigeria, Brazil and Rwanda in this area, see section 2.4.2.

1.2 Internet-based innovation

The internet provides countless new possibilities for effective foreign policy, especially in the area of human rights. For example, it is able to break down walls that once hid human | 13 | rights violations from view. At the same time, some repressive regimes are doing their utmost to erect new walls, for example by filtering or censoring the internet. The Netherlands wants to help human rights defenders stay one step ahead of these regimes.

• The Netherlands funded a Media Legal Defence Initiative (MLDI) project through the Digital Defenders Partnership (DDP). MLDI provides legal assistance to bloggers and online media outlets in South and Southeast Asia when the authorities prosecute them on account of their publications. DDP also contributed to strengthening and expanding the ‘Tor’ network, the anti-censorship tool that enables users to conceal their location while online, and has provided journalists and media organisations in Syria with secure internet connections, online training and help against cyber-attacks. Finally, DDP provided support to digital security consultants in the Middle East, Asia, Central Asia and Sub-Saharan Africa who help human rights organisations mitigate cyber-attacks and improve their digital security.

• Through Free Press Unlimited, the Netherlands funded the mobile application StoryMaker,10 which offers people a course in secure digital communication and a basic course in journalism on their mobile phones, as well the possibility to securely upload video, audio and photographs. Users in Tunisia, Morocco, Egypt and Iraq were taught how to use the application.

• In 2013, the Netherlands supported the launch of a new independent online TV channel Hromadske.tv 11 (‘Public TV’) – in Ukraine. The project’s aim is to improve citizens’ access to reliable information from independent news sources. Hromadske.tv got off to a flying start during the Euromaidan protests, which began in November 2013, and rapidly became the country’s most popular online TV channel.

10 https://storymaker.cc 11 http://hromadske.tv (in Ukrainian) Human Rights Report 2013

• On 1 December 2013, the Dutch ‘Human Rights e-guide’ project was launched in Latvia, with the aim of providing information on and increasing awareness of human rights and simplifying access to justice by means of a user-friendly online human rights guide. The project will be expanded to Estonia and Lithuania.

• In Cuba, the Netherlands contributed to the production of the documentary Offline about the island’s limited internet freedom. The documentary maker, Yaima Pardo, approached this politically controversial topic from a socio-cultural perspective, arguing for a new digital literacy campaign. In doing so she touched a nerve with the Cuban government and beyond. Her documentary was passed from person to person on memory sticks and is used in university teaching. The Netherlands has thus helped in the development of critical thinking about the internet in Cuba.

• The 2013 Human Rights Tulip was awarded to Aahung, a Pakistani organisation that promotes sexual and reproductive health and rights (SRHR) using creative, visual teaching materials and social media. Votes could be cast online for the 44 nominees for the award. Thousands of votes were cast, and the three nominees that received the most votes were among those presented to the jury for a final decision.

• The internet also allows the Ministry of Foreign Affairs to publicise its human rights activities more effectively within the Netherlands. To this end, it increasingly makes use of Twitter and Facebook, for example through the Facebook page ‘Nederland, Mensenrechten en de VN’ (‘The Netherlands, Human Rights and the UN’). 12 In addition, | 14 | the Ministry maintains a blog – mensenrechtenwereldwijd.nl – that features stories from ambassadors and other ministry staff about the about the day-to-day realities of implementing human rights policy.

 Screen capture of the weblog www.mensenrechtenwereldwijd.nl ('human rights worldwide') of the Ministry of Foreign Affairs. On this website, diplomats frequently blog about their day to day work to protect and promote human rights.

12 http://on.fb.me/1foo6yP (in Dutch) Human Rights Report 2013

The Netherlands and internet-based innovation On 6-8 December 2013, the Dutch embassy in Estonia organised a ‘DiploHack’, 12 a concept pioneered by the Dutch embassy in London in September. ‘DiploHacks’ are gatherings of diplomats, IT experts, designers, journalists, academics and NGOs that are meant to come up with innovative solutions to diplomatic challenges. In Tallinn, various small teams worked on problems of internet freedom. The winner of the ‘hackathon’ was an application, designed by the NGO Transparency International Estonia, that reveals organisational connections and networks, such as officials’ party memberships and shareholdings. Both the jury and the audience selected this project due to its civic utility and innovative nature.

1.3 Integrated: many partners, indivisible rights

Human rights are rooted in society: they cannot be imposed from above or from outside. Citizens and civil society bear primary responsibility for protecting human rights in each country. However, the Netherlands can assist them in their efforts and thus fan the flames of human rights activism. This requires a good network that reaches beyond national governments. The Netherlands invests a lot in this network and cooperates as much as possible with local and non-governmental partners. In addition to traditional NGOs, such partners may also include universities, as in the case discussed in section 1.1 of the Netherlands’ partnership with Maastricht University and an Indonesian NGO. | 15 | The importance of companies as partners in implementing human rights policy is also increasing. The government has detailed its plans to cooperate with the business community on protecting human rights in its National Action Plan on Business and Human Rights. This plan, which was presented to the House of Representatives in December 2013, is based on the UN Guiding Principles on Business and Human Rights (see section 2.8). The Netherlands is a strong supporter of corporate social responsibility (CSR), as the Dutch textile sector’s response to several disasters at garment factories in Bangladesh showed. This included drafting an action plan to make the supply chain more sustainable,14 with an emphasis on transparency and decent working conditions. The Minister for Foreign Trade and Development Cooperation welcomed this initiative and expressed her ambition to draw up a voluntary agreement on CSR together with the textile sector. At the same time, she announced that the government intended to invest €9 million to improve working conditions in Bangladesh, for example by establishing training programmes for factory inspectors and strengthening the capacity of independent trade unions and women’s organisations. Since the Netherlands is closely coordinating its aid efforts in Bangladesh with the International Labour Organization (ILO), this case serves as a good example of the government’s cooperation with international organisations, companies, local trade unions and other civil society organisations in the pursuit of an integrated approach to human rights issues.

13 See the blog post (in Dutch) by the Dutch ambassador in Tallinn: http://bit.ly/1eaGJPX 14 http://www.indianet.nl/pdf/PlanOfActionDutchTextileSector.pdf Human Rights Report 2013

The Netherlands brings together human rights defenders, academics, NGOs and the government In 2013, as part of a joint initiative, the Ministry of Foreign Affairs, the Broad Consultation on Human Rights (BMO) and the Spui25 academic and cultural centre organised a series of three well-attended evening debates under the slogan: ‘Human Rights: What’s Your Argument?’ In September, October and November, human rights defenders from various countries (Mexico, South Africa, Yemen and Libya) and representatives of NGOs and academics from the Netherlands discussed three different human rights issues: women’s rights, LGBT rights and the protection of bloggers and journalists.

The Netherlands also systematically raises human rights issues during trade missions (see section 2.8 and chapter 4). There are no conflicting interests involved: companies are more inclined and more likely to invest in countries where legal certainty is guaranteed across the board.

A key element of the Dutch approach is that the entire spectrum of human rights must be reflected in government policy, includingcivil and political (CP) rights and economic, social and cultural (ESC) rights. These categories are all too often regarded as separate, whereas all human rights are in fact inextricably linked. For the purpose of promoting ESC rights, for example, the Netherlands cooperates closely with trade unions. The Ministry of Foreign Affairs is therefore contributing €49 million to the Trade Union Cofinancing | 16 | Programme between 2013 and 2016. In the framework of this programme, CNV Internationaal and FNV Mondiaal (the international arms of two Dutch trade union federations) are making efforts to improve observance of workers’ rights and trade union rights in low- and middle-income countries, in particular by promoting social dialogue and strengthening the capacity of trade unions at company, sectoral and national level. Dutch embassies also carry out activities aimed at strengthening ESC rights. In 2013, for example, the Dutch embassy in Georgia funded a project aimed at strengthening the position of workers by enabling them to engage in collective bargaining and participate in a tripartite committee consisting of the prime minister and representatives of employers’ organisations and trade unions.

The Netherlands strongly advocates adopting an integrated approach in the post-2015 development agenda, including mainstreaming civil and political rights (see section 2.7). Human Rights Report 2013

1.4 Credibility

1.4.1 Human rights in the Netherland The attention that we devote to human rights in our own country contributes to the credibility of our message when we speak about the human rights situation in other parts of the world. On 10 December 2013, the Minister of the Interior and Kingdom Relations presented the National Action Plan on Human Rights (NAM), 15 in which the government follows up on recommendations from the United Nations and the Council of Europe. The NAM takes stock of the human rights situation in the Netherlands and formulates action points based on: the coalition agreement, reports including the 2012 Annual Report of the Netherlands Institute for Human Rights, the Universal Periodic Review (UPR) of the UN Human Rights Council (HRC), suggestions from civil society organisations, and matters of topical interest. The action points to which the government commits itself relate primarily to improving the human rights infrastructure, discrimination, privacy and personal data protection, immigration, asylum and aliens detention, and domestic violence, child abuse and human trafficking. The NAM also discusses the role of citizens and various institutions in protecting human rights in the Netherlands. An English version of the plan will be published in the spring of 2014.

2013 was the first full calendar year in which theNetherlands Institute for Human Rights was operational. During the year, it published its first annual report (2012) on human rights in the Netherlands.16 The government issued its official response to the report in September 2013.17 The new NAM clearly has added value in shaping the working relationship between the government and the institute. For example, it can provide the institute with a starting | 17 | point for monitoring national human rights policy and holding the government to account. Efforts were also made to establish a national institute for human rights in Curaçao in 2013, and the government of Curaçao was in contact with the Netherlands Institute for Human Rights for this purpose.

At the end of 2013, the government decided to set in motion the parliamentary procedure to approve the UN Convention on the Rights of Persons with Disabilities.18 The relevant bill will be submitted to the House of Representatives in the course of 2014.

The government will send the House of Representatives a separate report concerning the complaints against the Netherlands currently pending before the European Court of Human Rights and other international human rights bodies.

1.4.2 Human rights in the European Union The European Union (EU) is a key channel for Dutch foreign policy, especially in the area of human rights. The Netherlands accordingly believes that the human rights situation throughout the EU should conform to the highest standards. Only then can the EU take credible action in third countries in this area. The community of shared values at the heart of the EU thus requires constant maintenance.

Together with several like-minded partners, the Netherlands therefore advocates establishing a rule of law mechanism in the EU. Such a mechanism would enable the member states to discuss developments relating to the rule of law in the EU on both a long-term and ad hoc basis. In addition, it would allow them to call each other to account for national shortcomings in this area and work together to find solutions. The member states are the

15 http://www.government.nl/documents-and-publications/notes/2014/03/19/national-action-plan-on- human-rights.html 16 The English version (http://mensenrechten.nl/publicaties/detail/18902) covers the period 1 October 2012 - 1 October 2013 17 http://bit.ly/1eySVe0 (in Dutch) 18 http://www.un.org/disabilities/convention/conventionfull.html Human Rights Report 2013

key players in this field, but there is also a clear role for the Commission. The Netherlands’ ideas on this issue have met with a sympathetic response from various EU member states, institutions, NGOs and think-tanks. In 2013, the General Affairs Council and the Justice and Home Affairs Council both discussed the development of a rule of law instrument. In response to these discussions, the Commission announced that it would publish a Communication on the issue in early 2014. The basic premise is that all member states will be treated equally and that national sovereignty will not be restricted. The Netherlands looks forward with interest to the Commission’s ideas.

A number of member states, including the Netherlands, also embarked on a joint exercise with the EU Agency for Fundamental Rights (FRA) in 2013 to identify what monitoring procedures and data already existed in various areas relating to the rule of law. The government attaches great importance to synergy with existing instruments, both within the EU (e.g. the Justice Scoreboard, infringement cases initiated by the Commission and the Schengen evaluation mechanism) and outside the EU, especially at the Council of Europe. The old and new mechanisms should reinforce and complement each other so as to avoid any increase in the administrative burden or institutional overlap.

In the past year, the Council’s Working Party on Fundamental Rights, Citizens’ Rights and Free Movement of Persons (FREMP) dealt with several important dossiers relating to the observance of fundamental rights within the EU. On 8 May 2013, the European Commission published its 2012 Report on the Application of the EU Charter of Fundamental Rights,19 in which it noted the increased application of the Charter by national courts. In | 18 | the Council conclusions, the Netherlands and the other member states welcomed this development.20 In 2013, in order to further encourage this development in the Netherlands, the government began drafting a guide to the application of the Charter of Fundamental Rights at national level, which will be published in the spring of 2014.

Another key issue was the external evaluation of the FRA’s activities. The latest evaluation report described the agency’s functioning in very positive terms,21 although it noted a lack of familiarity with the agency at member state level. The report recommended expanding the FRA’s mandate to include police and judicial cooperation in criminal matters and enabling the agency to issue opinions on national legislative proposals at its own initiative. To implement these recommendations, the agency’s Founding Regulation would have to be amended. The Council conclusions on the report,22 which embrace the recommendations on strengthening cooperation between the FRA and the member states, invite the agency to prioritise its relations with the member states and identify more clearly in its reports which findings and recommendations are addressed to them. The government endorses these points. In addition, it is in favour of enabling the agency to issue opinions at its own initiative and is positively disposed towards a possible future Commission proposal to expand the FRA’s mandate.

The final key issue discussed by FREMP was the importance of preservingcoherence in the EU’s internal and external human rights policies. Third countries often respond to EU efforts to promote human rights policy by pointing to problems regarding human rights observance within EU member states. The pursuit of greater coherence therefore has two aspects. First, it is important to ensure that EU member states and institutions maintain the same high standards internally as those promoted in the EU’s foreign policy. In other words, practise what you preach. Second, when formulating external human rights policy, it is important to take into account how various matters are regulated internally and why this is so. In other words, preach what you practise. The government is in favour of keeping this

19 COM(2013) 271 final 20 http://bit.ly/1cyMA5A 21 http://bit.ly/1aK3642 22 http://bit.ly/1ezJRFF Human Rights Report 2013

topic on the agenda and developing the EU’s internal and external human rights agendas as cohesively as possible. To this end, FREMP meets periodically with the Working Party on Human Rights (COHOM), which is responsible for the EU’s external human rights policy.

The Netherlands regards LGBT rights as a priority in the EU’s fundamental rights policy. On the occasion of International Day Against Homophobia (IDAHO) 2013, the FRA published a report on discrimination and hate crimes against LGBT people in the EU (and Croatia), 23 which shows that they still experience discrimination and even violence all too often. During the IDAHO 2013 Forum in The Hague, the Netherlands and ten other EU member states therefore called on the European Commission to formulate a comprehensive EU approach to strengthen LGBT rights. 24

The rights of the Roma community are a key focal point in the human rights situation within the EU. In 2011, the European Commission presented a framework for national Roma integration strategies. Based on this framework, EU policy focuses on the social inclusion of Roma in education, employment, housing and health care. The Netherlands does not have a specific policy targeted at Roma and Sinti but instead pursues a general policy of social inclusion that, in addition to these four areas, also focuses on safety. On 9 December 2013, the Employment, Social Policy, Health and Consumer Affairs (EPSCO) Council adopted a recommendation on measures to be taken by member states to promote the integration of Roma in these areas.25 In 2013, at the Netherlands’ initiative, the European Commission also established a working group that focuses on the rights of Roma children and their parents’ role in ensuring the observance of these rights. | 19 |

23 http://bit.ly/1oSrPJn 24 http://www.government.nl/ministries/ocw/events/idaho-congress-2013. EU strategies already exist for other forms of discrimination 25 http://eur-lex.europa.eu/legal-content/en/TXT/?ur:=CELEX:32013H1224(01) 2 Themes Human Rights Report 2013

2.1 Human rights defenders

The policy letter ‘Justice and Respect for All’ identifies support for human rights defenders as a key priority. The national Action Plan for Human Rights Defenders26 and the relevant EU guidelines27 represent the main guiding principles in this regard. The Netherlands has also contributed to developing a guidance note with practical instructions to help EU embassies implement the guidelines. The Netherlands cooperates with others as much as possible to protect and support human rights defenders. It also maintains strong ties with civil society, whose involvement is very important in this context. Finally, it goes without saying that the Netherlands is active at bilateral level through its embassies, the Human Rights Fund and the Human Rights Ambassador.

 Minister Timmermans of Foreign Affairs during the award ceremony of the Human Rights Tulip 2013.

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2.1.1 Projects In 2013, the Netherlands funded various projects to help human rights defenders perform their valuable work. This support, which amounted to over €1 million, was channelled through organisations such as The Rights Practice, Front Line Defenders (FLD), Movies that Matter and the World Organisation Against Torture. The projects in question achieved good results. For example, FLD contributed to the safety and digital security of human rights defenders and provided them with temporary shelter outside the countries where they are active. The organisation has now also expanded its activities to Asia and was therefore able to respond quickly and effectively to an appeal for help from a human rights defender in Pakistan. In 2013, with financial support from the Netherlands, the World Organisation Against Torture published a report on the increasing restrictions faced by NGOs.28

The European Shelter City initiative, which was established in 2009 to coordinate temporary accommodation for human rights defenders in urgent need, was expanded to The Hague in 2012.29 In cooperation with Justitia et Pax and the Ministry of Foreign Affairs, the municipality of The Hague hosted four human rights defenders between September 2012 and November 2013. These four activists, who came from different parts of the world, each had their own unique profile, network and human rights focus. A lawyer from Russia, a lawyer from the Democratic Republic of the Congo, an NGO director from Sudan and a Cuban artist all found temporary shelter in The Hague. The Russian activist also won the Lawyers for Lawyers Award, a prize for the most courageous human rights lawyer, which helped raise the project’s profile. In addition, the initiative was described as an example of

26 http://www.government.nl/documents-and-publications/reports/2012/06/15/action-plan-for-human- rights-defenders.html 27 http://bit.ly/MmqV6t 28 http://bit.ly/1f0jRmN 29 http://www.sheltercity.org/index.php/en Themes

good practice in the Front Line Defenders’ Protection Manual for Human Rights Defenders.30 Following talks at the end of 2013, Middelburg decided to become a Shelter City for human rights defenders starting in 2014.

An evaluation of the Dutch initiative published in November 2013 indicated that it had achieved its intended objectives.31 Human rights defenders in urgent need were provided with adequate and safe shelter. During their time in the Netherlands, they were able to develop their skills by taking courses on useful subjects such as English, internet security and stress management. They could also expand their networks by making contact with people and organisations in The Hague, Brussels and Geneva. By taking part in various meetings at schools and Humanity House, as well as during the Movies that Matter film festival and Museum Night, the participants in the initiative helped increase knowledge of human rights in the Netherlands. It is estimated that 960 students and 800 others attended these meetings, while interviews with the participants in the national media reached an even wider audience. The evaluation recommended allocating more resources for participants’ psychological and medical care and hosting them in pairs from now on to overcome feelings of loneliness.

Together with 14 other countries and organisations such as Freedom House, the Netherlands contributes to Lifeline, a fund that provides emergency financial assistance to human rights organisations that are threatened or attacked by the authorities because of their activities. The funding provided by Lifeline is used for replacing equipment that has been destroyed or confiscated, alternative office space, medical and legal assistance, and so | 22 | forth. Since it was established in 2011, Lifeline has provided emergency financial assistance to 255 NGOs and activists in 69 countries. In this sense, it truly is a global ‘rapid responder’. In addition to providing direct funding, the participating countries take concerted diplomatic action whenever possible. Lifeline also focuses on preventing attacks on human rights organisations by means of security courses and awareness campaigns. During the Netherlands’ co-chairmanship of Lifeline in 2013, Mongolia and Latvia joined the fund.

2.1.2 Embassies Dutch embassies are very active where possible in helping human rights defenders. Repressive regimes are less likely to harass or prosecute human rights activists if they know that foreign embassies are keeping an eye on them. Furthermore, the knowledge that the governments of other countries are on their side is exceptionally encouraging for human rights defenders.

• In 2013, for example, the Dutch embassy in Brazil funded the production of a booklet about the situation of ten Brazilian human rights defenders.32 The Secretariat for Human Rights of the Presidency of the Republic (SDH) considers the booklet to be so valuable, that it has now taken over responsibility for its production. In 2013, the embassy also held talks with the Brazilian central government about reminding local authorities in remote rural areas of the situation of human rights defenders and the need to protect them. Starting in December 2012, the Netherlands took on the role of EU focal point for human rights defenders for a six-month period. This enabled the embassy to play a more active role, follow the situation more closely and discuss it with the Brazilian authorities and relevant NGOs.

• An NGO supported by the Dutch embassy in Egypt operates the country’s only effective alliance of independent human rights organisations, as well as the alliance’s lobby at the UN human rights bodies in Geneva. While the human rights situation in Egypt deteriorated sharply during the past year and various NGOs appeared to lose their independence,

30 http://bit.ly/1fE3tbI 31 http://bit.ly/1epq7d1 (in Dutch) 32 http://bit.ly/1c53uKP (in Portuguese) Human Rights Report 2013

this particular alliance demonstrated its added value. • In 2013, the Dutch embassy in Zimbabwe funded a project dealing with the effects of organised violence and torture that accompanied the elections. Human rights defenders and other victims were eligible for medical treatment and treatment of post-traumatic disorders.

The Netherlands ensures legal representation for Chinese human rights defenders In 2013, the ‘Supporting Chinese Human Rights Lawyers’ project helped ensure that human rights lawyers provided legal assistance in 15 cases to individuals and groups whose fundamental rights had been violated, for the most part by local authorities,. The cases concerned such matters as illegal seizures of land and homes, repressive measures against NGOs, arbitrary detentions, the inadequate handling of an abuse scandal involving underage girls, the continuing prosecution of an activist involved in the 1989 student protests, and a case against a group of activists with close ties to the New Citizens Movement. Although the human rights lawyers’ efforts did not lead to immediate favourable judgements in all cases, they nevertheless drew attention to several underlying structural problems. As a result, these cases are having an indirect impact on the often slow process of rule of law-related reform, which also benefits human rights defenders.

2.1.3 Human Rights Tulip | 23 | Every year, in order to draw attention to and support the work of human rights defenders, the Human Rights Tulip is awarded to an organisation or individual that promotes respect for human rights. In 2013, there was a particular emphasis on the innovative nature of the activities of the organisations and individuals involved. Dutch embassies, national and international NGOs and the general public were able to nominate candidates for the award. From the resulting pool of candidates, the organisation charged with overseeing the award, the Hague Institute for the Internationalisation of Law (HiiL), selected 44 nominees from over 20 countries. This number was subsequently narrowed down to three by means of an online vote. Allowing people to vote online involved a much larger audience in the award this year: more than 10,000 people around the world cast their votes within a 12-day period. The three nominees that received the most votes from the public were presented to an international jury, along with three additional nominees selected by HiiL. The jury subsequently chose three organisations, from which the Minister of Foreign Affairs ultimately picked the winner.

The 2013 Human Rights Tulip was presented to Aahung on 11 December 2013. This Pakistani organisation, which is headed by Sheena Hadi, helps men, women and adolescents make their own decisions about their sexuality and their bodies in a country where doing so is neither easy nor straightforward. It does so in an innovative way by making use of creative, visual teaching materials and social media. The HiiL knowledge institute will help Aahung develop its activities further, so that even more people in Pakistan – and hopefully also further afield – can benefit from its knowledge. Themes

2.2 Equal rights for LGBT people

For the global LGBT community, 2013 was an eventful year. While there were positive developments in several countries, including France, the United Kingdom and the United States, that were serious setbacks in Nigeria, Russia and Uganda in particular. Regrettably, there were also setbacks in many other countries. The government has identified the promotion of LGBT equal rights as one of the priorities of its human rights policy. At international level, the Netherlands focuses its efforts on seeking to abolish the criminalisation of homosexuality, opposing discrimination on the basis of sexual orientation or gender identity, and achieving wider social acceptance of LGBT people.

 On World AIDS day (1 december) 2013, the Dutch ambassador in Senegal made his residence available as a safe environment for HIV testing. Over 100 people, mostly young gay men, got tested.

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2.2.1 Bilateral efforts Dutch embassies play a key role in promoting LGBT equal rights, for example by monitoring the local situation and raising the issue in political dialogues. At the same time, the embassies are aware that official declarations and support for LGBT initiatives can sometimes be counterproductive. They therefore always maintain contact with local LGBT movements and gear their actions to the movements’ wishes and needs.

• On the occasion of IDAHO (17 May 2013), dozens of embassies organised activities in support of local LGBT communities (see the overview in annexe 2). Dutch embassies were also closely involved in organising Gay Pride events, primarily in Eastern Europe but also, for example, in Vietnam. Many of them also seized the opportunity presented by International Human Rights Day (10 December) and, in one case, World AIDS Day (1 December) to devote attention to promoting LGBT rights and equal opportunities. On 1 December 2013, the Dutch embassy in Senegal opened its doors to offer free HIV tests.33 The Netherlands thus ensured that LGBT people, who are discriminated against and persecuted in Senegal, could be tested and receive information in a safe environment. Over 100 people were tested. As an added benefit, the day turned into an informal networking meeting for the members of the LGBT community who were there.

33 See also the blog of the Dutch ambassador in Dakar: http://www.mensenrechtenwereldwijd.nl/blog/ detail/95/over-aids-residenties-en-betaalde-seks (in Dutch) Human Rights Report 2013

• In 2013, various embassies used resources from the Human Rights Fund to support local LGBT communities. For example, the Dutch embassy in China supported the China Rainbow Media Awards, which are presented to members of the media and media outlets that devote attention to LGBT issues in an unprejudiced manner. The aim of the awards is to generate greater understanding for the LGBT community in China. In addition, the embassy helped to fund the independent Beijing Queer Film Festival and the ‘Developing a National Alliance of LGBT Supporters’ project, which aims to fight anti-LGBT discrimination by promoting social acceptance among families, friends and others in Chinese society. In 2013, the Dutch embassy in Ukraine supported various projects focusing, for example, on increasing public awareness of LGBT issues and promoting social inclusion of the LGBT community in Ukraine.

• The Ministry of Foreign Affairs cooperates closely withcivil society to promote equal LGBT rights. In 2013, it continued providing multi-year grants from the Human Rights Fund to the Dutch LGBT organisation COC and the Dutch international development organisation HIVOS. The COC received funding for a project involving international lobbying for LGBT rights worldwide. This project enables the international LGBT movement and national LGBT organisations to make use of international and regional human rights instruments. By granting human rights defenders access to these forums as well as actively engaging with these forums itself, the COC seeks to explicitly embed equal rights for LGBT people in the application of existing international agreements. The HIVOS project focuses on developing the capacity of – and promoting equal opportunities for – 17 LGBT groups in eight countries in eastern and southern Africa. So far, it has strengthened the leadership of these groups and helped establish an international network of | 25 | LGBT activists and organisations. All the organisations involved have developed their own strategies for promoting equal rights. This project has also increased awareness of the need for safety procedures and measures to protect activists. In addition to these two projects, the Ministry of Foreign Affairs contributed to the UN’s ‘Free and Equal’ LGBT public education campaign34 and the multilateral Global Equality Fund, which provides emergency assistance to LGBT activists and organisations.

• In 2013, the Ministries of Foreign Affairs (BZ) and Education, Culture & Science (OCW) once again worked closely together in support of LGBT equality, in view of the importance of coherence between national and international LGBT policy. For example, the two ministries jointly participated in the meetings of the Informal Network of Governmental LGBT Focal Points – a network, initiated by the Netherlands, of European government representatives, working for equal LGBT opportunities at national level. In 2013, moreover, OCW organised the first European edition of the IDAHO Forum.35 In addition to BZ and other ministries, several European ministers with responsibility for equal opportunities also participated.The World Health Organization (WHO) is currently considering a proposal to no longer classify gender dysphoria as gender identity disorder in the chapter on mental disorders in its International Classification of Diseases – but rather as ‘other orientations/gender congruence’ in a new chapter on sex, health and gender. To determine whether this new classification would be practicable in the medical field and less stigmatising for transgender people, WHO is launching a number of field studies in which it can be tested. Through cooperation between the Ministry of Health, Welfare and Sport (VWS), OCW and BZ, the government has provided funding to the Center of Expertise on Gender Dysphoria at the VU University Medical Center in Amsterdam to carry out one such field study in the Netherlands. This study will be completed at the end of 2014.

34 See the campaign video: https://www.unfe.org/en/actions/human-rights-day 35 See the video report of the conference: http://www.youtube.com/watch?v=Ixc-sBtDH74 Themes

2.2.2 Multilateral efforts • In the Council’s Working Party on Human Rights (COHOM), the Netherlands has regularly advocated joint EU action in third countries to defend LGBT equal rights. Under the EU Strategic Framework and Action Plan on Human Rights and Democracy,36 which was adopted in 2012, the Netherlands took the initiative of organising a seminar on LGBT rights on 24-25 January 2013. The seminar’s aim was to collect input to the EU Guidelines to Promote and Protect the Enjoyment of All Human Rights by Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Persons.37 Almost all EU member states were represented at the seminar, which also welcomed delegations from Brazil, Norway, Thailand and the United States. Representatives of various LGBT organisations and NGOs informed the participants about the latest developments in various parts of the world and activists shared their vision of what the EU Guidelines should look like. An initial draft of the Guidelines was also discussed. At the end of June 2013, the Foreign Affairs Council (FAC) formally adopted them. The Netherlands regards them as an instrument for promoting united EU action on LGBT rights. Between 2013 and 2015, the Netherlands is funding the secondment to the European External Action Service (EEAS) of a human rights expert whose main focus is on promoting LGBT equal rights.

• The Netherlands wants the EU Agency for Fundamental Rights (FRA) to play an active role in promoting LGBT equal rights. By seconding an LGBT expert to the FRA until mid-2013, it contributed to a survey of discrimination experienced by LGBT people in the EU.38 This report contains valuable information on the perceptions and experiences of LGBT people in the EU regarding discrimination, violence and harassment in various | 26 | areas, including employment, education, access to health care and housing. The Dutch LGBT expert also initiated research projects that will result in 2014 and 2015 in reports on the legal position of LGBT people in the EU and the situation of transgender people.

• The Netherlands also promoted LGBT equal rights at the UN. In 2013, our Permanent Mission to the UN in New York co-chaired the LGBT Core Group – an interregional group of countries that are strong supporters of LGBT equal rights. In this capacity, the mission organised an LGBT side event on 10 December (International Human Rights Day, see annexe 2) and initiated the first ever ministerial meeting on LGBT equal rights during the UN General Assembly. Another UN instrument used for exposing violations of LGBT rights is the Universal Periodic Review (UPR) country assessment that every UN member state periodically undergoes. Using this instrument, the Netherlands encouraged Belize and China to combat discrimination on the basis of sexual orientation or gender identity and tackled Malaysia and Senegal on their criminalisation of homosexuality. Furthermore, the Dutch Permanent Missions to the UN in Geneva and New York actively lobbied in 2013 for the recognition of LGBT rights at the UN and pushed for follow-up action to be taken on Resolution 17/19 in the Human Rights Council.39

36 http://bit.ly/1eD3We9 37 http://bit.ly/1igQilk 38 http://bit.ly/Nz47B4 39 http://bit.ly/1gc2ul4 Human Rights Report 2013

The Netherlands pioneers LGBT rights at the UN On 26 September 2013, at the invitation of the Netherlands, the LGBT Core Group met at ministerial level at the UN in New York. This was a historic occasion, as LGBT rights had never before been discussed at such a high level within the UN. The participants included the ministers of foreign affairs of Argentina, Brazil, Croatia, France, the Netherlands, Norway and the United States. The EU, Japan and New Zealand also sent high-ranking officials. The UN was represented by the High Commissioner for Human Rights, Navanethem Pillay, while Human Rights Watch sent its executive director, Kenneth Roth. The meeting was significant for several reasons. First, countries from various continents (including Argentina, Brazil and Japan) spoke out publicly and at the highest level in favour of protecting LGBT rights. Second, the declaration adopted by the ministers constituted a public appeal from an interregional group of countries for an end to violence and discrimination against LGBT people. On the occasion of the ministerial meeting, El Salvador joined the Core Group for the first time, thus highlighting its interregional nature.

. • Within the Council of Europe, the Netherlands has helped to place LGBT equal rights high on the agenda and is regarded as a valued player in this area. The European Commission against Racism and Intolerance (ECRI), which is part of the Council of Europe, has included LGBT issues (hate speech and violence) in its fifth monitoring cycle, which started in 2013. Also in 2013, at the request of the Council of Europe’s Secretariat, a Dutch delegation was seconded to the LGBT Issues Unit. The unit’s project, which | 27 | officially concluded at the end of 2013, will most likely be followed up by a multi-year project. If requested, the Netherlands will consider supporting this new project – and possibly ECRI itself – with a voluntary contribution.

• The Netherlands is also active on LGBT issues in the Organization for Security and Cooperation in Europe (OSCE). Our aim is to include a ban on discrimination on the basis of sexual orientation or gender identity in the ‘OSCE commitments’ and give the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) a mandate to monitor the ban. The Netherlands systematically advocates putting discrimination on the basis of sexual orientation or gender identity on the agenda of OSCE meetings on tolerance and non-discrimination. In concert with its EU partners, the Netherlands ensures that current LGBT-related developments in the OSCE area receive an adequate response, such as the EU statement on the cancellation of the Gay Pride parade in Belgrade. The Dutch Human Rights Ambassador also expressed concern regarding Russia’s new LGBT legislation at the Human Dimension Implementation Meeting (HDIM) in Warsaw in September 2013. To date, the Vatican, which as a member state of this consensus-based organisation has a right of veto, has systematically rejected every attempt to enshrine equal rights for LGBT persons within the OSCE. This resistance strikes a sympathetic chord with Russia and other former Soviet countries. Together with several like-minded countries, including Sweden, the United Kingdom, the United States and France, the Netherlands nevertheless does its utmost to keep the issue on the agenda. For example, the Permanent Mission of the Netherlands to the OSCE sponsored side events on LGBT issues during the High-Level Conference on Tolerance and Non-Discrimination and the HDIM. In addition, the Netherlands facilitated the participation of several LGBT activists in OSCE events, including the HDIM and the Civil Society Forum during the Ministerial Council meeting in Kyiv. Themes

2.3 Equal rights for women

Equal rights for women are at the heart of Dutch policy and are promoted by both the Minister of Foreign Affairs and the Minister for Foreign Trade and Development Cooperation. In his speeches to the UN General Assembly and the Human Rights Council, the Minister of Foreign Affairs focused in particular on the importance of equal opportunities for women and sexual and reproductive health and rights (SRHR). In 2013, the Minister for Foreign Trade and Development Cooperation drew specific attention to the prevention of child marriage. The Netherlands’ efforts focus on the elimination of violence against women, women’s leadership and political participation, follow-up to UN Security Council Resolution 1325 and women’s economic self-reliance. In the negotiations on the post-2015 development agenda, the Netherlands is pushing to include gender equality and SRHR among the objectives. In addition, it regularly addresses the entire spectrum of women’s rights in the framework of the UPR country assessments.

 Minister Ploumen (Foreign Trade and Development) at the University of Delhi (Janki Devi Memorial College). The Netherlands is financing a university course that teaches female students the necessary skills to set up their own business.

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2.3.1 Combating violence against women In 2013, the Netherlands helped place violence against women on the agenda in various international organisations and by various means. Eliminating female genital mutilation (FGM) is a priority of Dutch policy in this area.

• On the occasion of International Day for the Elimination of Violence against Women (25 November), the Minister of Foreign Affairs participated in the White Ribbon campaign ‘Men against Violence against Women’. The minister wrote as follows on his Facebook page: ‘Eradicating violence against women is fighting for the future of humanity’. During the 16-day period between International Day for the Elimination of Violence against Women and International Human Rights Day, the Netherlands actively participated in the ‘16 Days to End Violence against Women’ campaign via social media.

• At the beginning of 2013, the Dutch Deputy Permanent Representative to the UN in Geneva participated in a panel discussion organised by UNICEF and UNFPA on the occasion of International Day of Zero Tolerance for Female Genital Mutilation. He noted that the combination of targeted information and heavy sanctions was working well at national level.40 The Netherlands is currently drafting a law that would make it possible to extend criminal sanctions to cases in which FGM is carried out abroad. In addition, it has sought to draw attention to the practice of gender-biased sex selection.

40 Approximately 30,000 women in the Netherlands have been victims of FGM. Every year, 40 to 50 girls under the age of 15 are at risk of FGM. Human Rights Report 2013

• During a meeting of the Human Rights Council in March 2013, on the occasion of International Women’s Day, the Netherlands endorsed an interregional declaration (supported by 90 countries) and issued its own declaration on violence against women (rape, honour killings, stoning, forced prostitution, domestic violence, FGM and child marriage). It also sponsored several side events on child marriage and SRHR in relation to the post-2015 development agenda. In addition, the Netherlands acted as a negotiator on behalf of the EU during the drafting of the annual resolution on violence against women and endorsed declarations on child marriage, FGM and women’s political participation. During a meeting of the UN General Assembly’s Third Committee in October 2013, the Netherlands and France organised a side event on combating violence against women.

• The theme of the 2013 annual meeting of the UN Commission on the Status of Women (CSW), convened in March as in previous years, was combating violence against women and girls. In contrast to 2012, the commission adopted a series of recommendations that enjoyed widespread support. The Netherlands played an active role in this regard. Based on its existing knowledge in the area of combating violence, it negotiated on several specific subjects on behalf of the EU. On behalf of the Dutch delegation, the Minister of Education, Culture and Science delivered a speech on the importance of combating violence against women.

• The Netherlands is a long-term contributor to the UN Trust Fund to End Violence against Women (€3.7 million in 2013). Last year, the fund devoted special attention to combating violence against adolescent and young girls. New projects included safe schools for girls in Bangladesh and the empowerment of girls in South Africa through | 29 | sport. Recipients of grants from the Human Rights Fund contributed to the passage of new legislation in Cambodia (against acid attacks), Nicaragua (combating violence against women), Kenya (protecting victims who lodge criminal complaints) and Sierra Leone (introducing a protocol on investigations into sexual and domestic violence).

2.3.2 Political participation of women In December 2013, 14 organisations, including the Ministry of Security and Justice, the National Police and 12 civil society organisations, signed the National Action Plan on Resolution 1325,41 which runs until 2015. As a result, the action plan now has almost 60 signatories, which makes it unique in the world. No other country has demonstrated such broad support for actively involving women in peace processes in accordance with UN Security Council Resolution 1325. The Netherlands is actively promoting the success of its national action plan at international level and has offered its experience and expertise in this area to countries in the Middle East and North Africa. In consultation with the UN, it is examining how to turn this offer into a reality.

In 2013, through the Funding Leadership and Opportunities for Women (FLOW) programme, the Netherlands also supported 34 women’s organisations that seek to combat violence against women, secure a larger role for women in peace processes and increase women’s economic self-reliance and political participation around the world. Two FLOW partners – Women Living Under Muslim Laws (WLUML) and Women’s Empowerment and Leadership Development for Democratisation (WELDD) – organised leadership workshops for young activists from the Middle East and North Africa led by experienced women’s rights activists. Thanks in part to one of its Kenyan partners, FLOW partner organisation Womankind Worldwide supported 35 female candidates in the country’s general elections in March, 18 of whom were elected.

41 http://www.nap1325.nl/assets/NAP-1325-2012-2015.pdf Themes

The Netherlands gives Syrian women a voice On 12-13 January 2014, at a conference in Geneva, a group of almost 50 Syrian women formulated a shared vision for the future of Syria and demands relating to the peace process, and established the Syrian Women’s Initiative for Peace and Democracy. The initiative called on the world to support the peace process in Syria, embraced the Geneva Communiqué and advocated the active participation of women in the peace and transition process. The conference was a follow-up to side events organised by the Netherlands in New York and Geneva in 2013 and a prepara- tory conference organised by UN Women in Amman in November 2013. Since the beginning of the conflict, Syrian women have called for humanitarian aid, human rights monitoring and the delivery of emergency assistance to vulnerable communities. The involvement of women in the peace process is vital to safeguarding the human rights of society as a whole. UN Women and the Netherlands have responded to the Syrian women’s demand to be involved in the peace talks.

2.3.3 Sexual and reproductive health and rights The Netherlands is very active in the area of sexual and reproductive health and rights (SRHR). In 2013, it spent €400 million promoting these rights around the world.

• In the fight against HIV/AIDS, the Netherlands focuses its efforts on groups at high risk of HIV infection, such as gay men, drug users and sex workers. In 2013, Dutch embassies, civil society organisations and UNAIDS joined forces to increase access to HIV/AIDS | 30 | prevention, care and treatment for these key populations in Kenya, South Africa and Ukraine. Through a combination of diplomacy, technical assistance and the mobilisation of marginalised groups, the Netherlands is also working to combat discrimination and prejudice.

• On 7-10 July, in cooperation with the UN High Commissioner for Human Rights and UNFPA, the Netherlands organised a conference on population, development and human rights in Noordwijk. The aim of the conference was to take stock of progress on the action plan approved at the 1994 International Conference on Population and Development (ICPD) in Cairo. Since then, significant progress has been achieved on reducing maternal mortality and on access to contraceptives. It has also become easier to discuss the importance of safe sex and abortion. In addition, the UN’s monitoring mechanisms are providing more and more tools for promoting respect for gender equality and sexual and reproductive rights. However, progress has not been universal. Various target groups, such as young people, LGBT persons and the disabled, remain difficult to reach. The conference demonstrated that universal access to sexual and reproductive health cannot be achieved without guaranteeing rights for all.

• The Netherlands also actively contributed to the ICPD review on other occasions, in particular by highlighting the rights aspect of sexual and reproductive health. At the 46th session of the UN Commission on Population and Development and the European ICPD conference in Geneva, the Dutch delegation pursued progressive outcomes in the area of SRHR and brought like-minded countries together. The Netherlands has played a leading role in linking the ICPD’s human rights-based agenda to the debate on the new post-2015 development agenda.

• The Netherlands also continues within the EU to advocate sexual and reproductive rights. It successfully negotiated the explicit inclusion of SRHR in the EU’s position on the post-2015 development agenda, which was approved by the Foreign Affairs Council in May. Also in May, the Netherlands and seven other member states (Belgium, Denmark, Finland, France, Germany, Sweden and the United Kingdom) sent a letter to the European Commissioner for Development, Andris Piebalgs, and the High Representative of the Human Rights Report 2013

Union for Foreign Affairs and Security Policy, Catherine Ashton. In this letter, they argued that the EU should play a stronger role in promoting sexual and reproductive rights, which are vital to achieving lasting development and equality between men and women.

• In the Commission on the Status of Women (CSW) and other forums, the Netherlands has emphasised that all women and girls have a right to good-quality sexual and reproductive health care, including the safe termination of pregnancies. This right is especially important in conflict zones, where systematic rape is sometimes used as a weapon of war.

2.3.4 Child marriage The Netherlands actively opposes child marriage.

• The Netherlands was one of the initiators of a resolution in the UN Human Rights Council (HRC) entitled ‘Strengthening efforts to prevent and eliminate child, early and forced marriage: challenges, achievements, best practices and implementation gaps’,42 which was adopted by consensus in September 2013. The resolution places the issue of child marriage on the HRC’s agenda and requests the Office of the High Commissioner for Human Rights (OHCHR) to examine best practices for preventing and eliminating child marriage. It also requests the OHCHR to organise a panel discussion on this issue during the 26th session of the HRC (in June 2014). The resolution is especially significant since it describes child marriage as a violation of human rights.

• In October, the Third Committee of the UN General Assembly in New York adopted a resolution entitled ‘Child, Early and Forced marriage’,43 which was submitted by the | 31 | Netherlands and other countries. The resolution provides that the General Assembly will convene a panel discussion on ‘Child, Early and Forced Marriage and the Post-2015 Development Agenda’ in 2014, and that the issue will also appear on the agenda of the 69th session of the General Assembly the following year. Together with Ghana, Canada, UNFPA and UNICEF, the Netherlands organised a successful side event on child marriage during the General Assembly’s ministerial week.

• In July 2013, together with the NGO Girls not Brides, the Netherlands organised an informal brainstorming session with Canada, Sweden, the United Kingdom and the United States and NGOs from Ethiopia and India. One of the session’s aims was to share expert knowledge and experiences, in part for the benefit of existing and potential donors.

• Finally, in 2013, the Netherlands decided to provide €1 million in funding to the UN Special Representative on Violence Against Children in 2014-2015.

2.3.5 Human trafficking Both domestically and internationally, the Netherlands has worked actively to prevent and combat human trafficking and protect and care for its victims, such as women forced into prostitution.

• In October 2013, the National Rapporteur on Trafficking in Human Beings and Sexual Violence Against Children published her ninth annual report.44 For the purpose of implementing the EU Directive on preventing and combating trafficking in human beings and protecting its victims (2011/36/EU), the definition of the term human trafficking for labour exploitation in the Criminal Code has been expanded to include forced begging and exploitation of criminal activities. An example of the latter is forced participation in theft, such as pickpocketing.

42 http://bit.ly/Oqi7gU 43 http://bit.ly/1iKf2l7 44 Full report (in Dutch) at http://bit.ly/1b8cSNp. English factsheet at: http://www.dutchrapporteur.nl/ Images/fact-sheet-ninth-report-on-trafficking-in-human-beings-(2013)_tcm64-521671.pdf Themes

• The Netherlands seeks to cooperate with the main countries of origin of victims who end up in our country, in particular Bulgaria and Romania, and has supported successful projects in these countries (e.g. awareness campaigns, victim support and training programmes for police officers and justice authorities). In the past year, in addition to traditional methods, the Netherlands and Bulgaria established Joint Investigation Teams (JITs) to examine incidents of forced prostitution. The Netherlands also stepped up its cooperation with Hungary during the past year in view of the increase in the number of victims originating from that country. With EU funding, a project was launched to repatriate Hungarian victims of human trafficking from the Netherlands and Belgium, with the assistance of NGOs.

• The Netherlands also cooperated closely with a number of countries of origin in Africa (Nigeria) and Asia (the Philippines). In Nigeria, it continued its training programme for the country’s anti-human trafficking agency. Together with the Philippines, the Netherlands investigated the exploitation of Filipino crew members in its inland shipping industry and the recruitment methods of job placement agencies.

• To boost efforts to tackle human trafficking for the purpose labourof exploitation, the Netherlands funded special training programmes in 14 countries in Central and Southeastern Europe in 2012-2013. These programmes devoted special attention to the role of labour inspectorates.

• On 16-18 April 2013, with the help of EU funding, the Netherlands organised a large | 32 | conference in Amsterdam to discuss the importance of pursuing an integrated, multi- disciplinary approach to human trafficking. For this purpose, it invited representatives of seven different organisations from all EU member states: the police, the public prosecution service, the border control agency, the immigration service, the labour inspectorate, a municipality and the relevant national coordinating agency. Various European agencies, such as EUROPOL, EUROJUST and FRONTEX, also participated. The Netherlands presented the ‘barrier model’ as a tool for determining when a particular agency should intervene to prevent human trafficking and identify victims. It disseminated the conclusions of the conference through the EU.

• In December 2013, the OSCE reached agreement on an update of the OSCE Action Plan on Combating Trafficking in Human Beings, which was originally adopted during the Dutch chairmanship of the organisation in 2003.

2.3.6 Child sex tourism Based on the fundamental principle that all children – including those who live outside our country – should be protected from sexual violence, the Netherlands has intensified its efforts to tackle child sex tourism. In this context, several ministries jointly developed a multi-year plan of action on child sex tourism, which the Minister of Security and Justice presented to Parliament in October 2013.45 The plan is based on three lines of action: prevention, investigation and prosecution, and police and judicial cooperation with NGOs and other countries. A key source of inspiration for the plan was the report by the National Rapporteur on Trafficking in Human Beings and Sexual Violence Against Children on creating barriers to prevent child sex tourism.46 The plan also examines the possibility of revoking the travel documents of people convicted for sexual offences with children, as proposed in the motion tabled by MPs Joel Voordewind and Gert-Jan Segers in the House of Representatives on 10 October 2013.

The Netherlands is temporarily deploying additional police liaison officers in those parts of the world most vulnerable to child sex tourism, namely Southeast Asia and South America. The temporary placements are in the Philippines (two years) and Brazil (one year).

45 http://bit.ly/1lFjKX0 (in Dutch) 46 Full report (in Dutch) at http://bit.ly/1ex5DiK. English summary at: http://www.dutchrapporteur.nl/reports/ child-sex-tourism Human Rights Report 2013

The task of the temporary liaison officers is to work with the other liaison officers in the region to ensure that child sex tourism is tackled more professionally across the board. In addition, for a period of one year, a police officer based in the Netherlands will be asked to explore the opportunities for cooperation and to share best practices with police forces in countries that take a similarly active approach to tackling child sex tourism.

2.4 Most flagrant violations

The Netherlands consistently opposes and condemns the most flagrant violations of human rights – extrajudicial killings, the death penalty, torture, enforced disappearance, genocide, war crimes and crimes against humanity. In 2013, as in previous years, the Netherlands condemned serious human rights violations and initiated action in the EU and the UN.

2.4.1 Death penalty The Netherlands continues to speak out – both through the EU and independently – against the imposition and execution of the death penalty.

• On 26 June, in response to the execution of four people who had been sentenced to death on 24 June, the Minister of Foreign Affairs called on theNigerian government to reinstate its de facto moratorium on the death penalty.47 The executions marked the end of a seven-year de facto moratorium on the death penalty in Nigeria. The Netherlands pushed for joint action by the EU member states to bring this appeal to the attention of the Nigerian authorities. | 33 |

• Catherine Ashton, the High Representative of the Union for Foreign Affairs and Security Policy, has described the abolition of the death penalty as a personal priority. In 2013, at the initiative of the Netherlands and others, she spoke out against executions in Bangladesh, Belarus, China, the Gaza Strip, India, Indonesia, Iran, Iraq, Japan, Kuwait, Saudi Arabia and the United States. She also spoke out against the decision to lift the moratorium on the death penalty in Papua New Guinea. In April 2013, the EU Guidelines on Death Penalty were revised and updated.48

• During foreign visits, the Human Rights Ambassador always draws attention to the cases of individuals who have been sentenced to death. At the beginning of June, he attended the fifth World Congress against the Death Penalty, which was organised by the NGO Together against the Death Penalty (ECPM). Approximately 2,000 participants from over 100 countries attended the congress, whose final declaration called on all concerned to keep working towards a world without the death penalty. A moratorium is regarded as the first step towards the de jure abolition of the death penalty. In addition, the final declaration encourages states to publish information on the implementation of the death penalty and to impose more lenient sentences on minors and people convicted of drug-related offences.

• On 10 October – World Day Against the Death Penalty – the Dutch Minister of Foreign Affairs and the foreign ministers of 43 other countries called for the abolition of the death penalty.49 Member states of the Council Europe that have not yet acceded to Protocol No. 13 to the European Convention on Human Rights (concerning the abolition of the death penalty in all circumstances) were urged to do so. Also on 10 October, the Dutch embassy in Pakistan was represented at a conference on the death penalty organised by the Human Rights Commission of Pakistan, a prominent NGO.

47 http:// www.government.nl/news/2013/06/26/netherlands-condemns-executions-in-nigeria.html 48 http://bit.ly/1g1q9Fc 49 http://bit.ly/1ftwElK (in Dutch) Themes

• On 10 December, the Dutch embassy in Vilnius and the Belarusian Human Rights House organised a conference entitled ‘The Question of the Criminal Justice System and the Death Penalty in Belarus’. Belarus still uses the death penalty and in some cases only informs the family weeks after an execution has been carried out. In addition, it does not tell them what has happened to the body. Participants in the conference included representatives from other embassies, the Lithuanian Ministry of Foreign Affairs, the Belarusian university-in-exile ‘European Humanities University’ and human rights organisations. The coordinator of the ‘Human Rights Defenders against the Death Penalty in Belarus’ campaign travelled from Belarus to attend the conference.

2.4.2 Responsibility to Protect According to the Responsibility to Protect (RtoP or R2P) principle, every state has a responsibility to protect its population from the most serious human rights violations. If a state is unable or unwilling to do so, the international community has a responsibility to provide assistance or to intervene.

• The Netherlands maintains good relations with various countries in the field of RtoP and seeks to take as many joint initiatives as possible. During the UN General Assembly in September 2013, the Minister of Foreign Affairs organised a ministerial meeting on RtoP that focused on ways the international community can intervene to prevent serious human rights violations, as a follow-up to the UN Secretary-General’s annual report ‘Responsibility to Protect: State Responsibility and Prevention’. The Netherlands prepared this meeting together with Nigeria and Brazil. It also cooperated closely with Rwanda as | 34 | co-chair of the Group of Friends on Responsibility to Protect. This group of approximately 40 countries encourages debate on RtoP at the UN and with key countries.

• The Netherlands partly funded the preparation of the UN Secretary-General’s report, which examines how states can fulfil their responsibility to protect their peoples.

• In addition, together with several other EU member states and in consultation with the EEAS, the Netherlands attempted to definethe EU’s role in preventing mass atrocities. This resulted in an expert meeting on 23 January 2014, which was also attended by the UN Secretary-General’s Special Advisor on RtoP.

• The Netherlands was also active in 2013 in the Global Network of R2P Focal Points. This network comprises 36 countries that are committed to developing and implementing RtoP at national and international level. The network’s annual meeting in Ghana in June 2013 focused on the link between RtoP and promoting human rights. In 2014 the Netherlands and Botswana will organise the annual meeting.

• As in previous years, the Netherlands provided financial support to the Global Center for R2P and the International Coalition for the Responsibility to Protect (ICRtoP), which both focus on creating support for the principle among states and within civil society. Human Rights Report 2013

2.5 Freedom of expression and internet freedom

Unfortunately, freedom of expression and press freedom are still in decline worldwide. While the diversity of news sources and the number of ways in which people can communicate continues to grow, authoritarian regimes increasingly seek to control television and other forms of mass media. This is clear from the huge increase in the number of legislative proposals aimed at restricting freedom of expression. In 2013, such proposals were introduced in 24 countries. In addition, many countries are becoming more polarised. In Egypt, for example, the government has continued to restrict the scope for civil society and journalists to express dissenting opinions.

2.5.1 Freedom of expression • At the 68th session of the UN General Assembly’s Third Committee, in an attempt to reverse this negative trend, the Netherlands actively participated in the negotiations on the resolution ‘Safety of Journalists and the Issue of Impunity’.50 Its objective to include a clear list of state obligations relating to the protection of journalists was reflected in the text of the resolution, which also condemned all attacks on journalists and media workers and proclaimed 2 November as the International Day to End Impunity for Crimes against Journalists. The UN General Assembly adopted the resolution by consensus at the end of December.

• Despite the Netherlands’ efforts, theOSCE Ministerial Council was regrettably unable to adopt a text on the protection of journalists at its meeting in Kyiv in December 2013. This was partly due to the fact that several countries, led by Azerbaijan, tried to seize the | 35 | opportunity to push through a code of conduct for journalists.

• The Council of Europe has placed freedom of expression, internet freedom and the protection of journalists high on its agenda, as highlighted by a series of meetings last

 Minister Timmermans at the Freedom Online Conference in Tunis.

50 http://bit.ly/1kTo7te Themes

year. With the support of the Netherlands, a ministerial meeting in Belgrade on 7-8 November adopted a political declaration in which the ministers condemned the increasing number of attacks on journalists and other media actors.51 The declaration also emphasised the fundamental right to access the internet without undue restrictions for the purpose of gathering information and exercising their freedom of expression.

• On 3 May 2013, on the occasion of World Press Freedom Day, the Minister of Foreign Affairs called for freedom of expression and media freedom to be protected. In a declaration, he also drew attention to the situation of journalists, media workers and bloggers, an increasing number of whom are being threatened, or even persecuted or murdered, for what they say or write.

• In 2013, under the auspices of the Ministry of Foreign Affairs,Radio Netherlands Worldwide (RNW) began pursuing its new mission to promote freedom of expression and freedom of information in countries where these freedoms are severely restricted.52 To this end, RNW supported local media outlets in Sub-Saharan Africa, the Arab world, Latin America and China. Together they created thought-provoking and engaging productions on such themes as democracy and good governance, human rights and sexual rights, which were disseminated via RNW’s own platforms and those of its partners. These efforts have already borne fruit. In August, RNW’s online platform on the joys and burdens of love, sex and relationships, ‘Love Matters’, received the prestigious Award for Excellence & Innovation in Sexuality Education. In 2013, the websites that featured ‘Love Matters’ reached over 2.14 million people, and more than 130,000 young | 36 | people actively participated in conversations on their Facebook pages.

Dutch support for freedom of expression in China In 2013, RNW and FreeWeibo jointly developed the FreeWeibo mobile application, which gave users access to messages that had been censored on Sina Weibo, China’s largest social network. Unfortunately, Apple removed the application from the Chinese App Store after two months at the request of the Chinese authorities. The application’s success was acknowledged when Index on Censorship nominated it for the 2014 Digital Activism Award, noting that it provided a fascinating insight into the Chinese government’s censorship policy.

• In 2013, the Human Rights Fund supported organisations that are committed to protecting and promoting freedom of expression and the diversity and quality of media worldwide. For instance, journalists in Syria were trained to produce objective and high-quality reports, while successful lobbying took place in Bangladesh and Somalia against legislation that would have restricted the media’s freedom to publish information. In Lebanon, the Media for Human Rights project established a shared space for news editing, production and training that also serves as a base for organising events and other activities in support of independent media outlets. Such initiatives support free media outlets in Lebanon and the region, encourage new initiatives and provide new alternatives to traditional media.

2.5.2 Internet freedom The internet is an important tool for exercising freedom of expression. Its value is even greater in countries where there is no room for debate or criticism offline. Not surprisingly, many countries attempt to restrict internet use and access. The Netherlands is an international pioneer in the field of internet freedom and seeks to provide a counterweight to countries that try to restrict it.

51 http://bit.ly/1oTI4kj 52 http://www.rnw.org/article/about-rnw Human Rights Report 2013

At the end of 2011, 15 countries established the Freedom Online Coalition (FOC) in The Hague to jointly promote a free and open internet. By 2013, when Latvia, Georgia and Germany joined, this interregional coalition had 21 member countries. Since 2011, the FOC has organised an annual conference at which its members discuss challenges to internet freedom and potential strategies for tackling them. Where possible, it seeks to draw attention to threats to internet freedom. In a declaration issued at the end of August, for example, FOC members expressed concern about draft legislation that threatened to severely restrict internet use and access in Vietnam. Despite the attention generated by the declaration, the law in question entered into force on 1 September 2013. During the OSCE Human Dimension Implementation Meeting in September, the FOC issued another declaration expressing concern about restrictions on internet freedom imposed by several OSCE member states. The declaration called on states to keep the internet free and open and condemned physical and digital attacks on journalists and bloggers.

The Netherlands’ pioneering role in the Freedom Online Coalition The third Freedom Online conference took place in Tunisia on 17-18 June 2013. At the opening ceremony the Dutch Minister of Foreign Affairs delivered a keynote speech, which was well received. His speech highlighted the internet’s power to promote human rights, while pointing out that human rights violations increasingly have a technological component. He also emphasised that journalists, bloggers and human rights defenders in urgent need can always count on the Netherlands’ support. During the conference the Netherlands handed over the FOC chairmanship to Estonia, which is hosting the coalition’s fourth annual conference in Tallinn in 2014. | 37 | In Tunis, the members of the FOC reached agreement on establishing multi-stakeholder working groups to step up substantive cooperation with civil society and the private sector in a number of areas. In addition, they decided to establish a support unit that will assume responsibility for managing the coalition’s administrative tasks and preparing large conferences and meetings on internet freedom.

• At the end of October, the Netherlands sent a large delegation of politicians, government officials and representatives of the business community to the ninthUN Internet Governance Forum in Bali, Indonesia. The composition of the delegation was in keeping with the forum’s emphasis on multi-stakeholder dialogue between states, NGOs, international organisations and the private sector. In light of recent revelations, the conference devoted particular attention to the surveillance activities of the US National Security Agency (NSA). The Forum’s aims had been agreed beforehand with the members of the FOC. FOC members also hosted an open forum to draw attention to the coalition’s work and the importance of a free and open internet for human rights, development and economic growth worldwide. While questioning the United States’ membership of the FOC, participants welcomed the coalition’s potential role in keeping human rights on the agenda in the debate on the balance between freedom and security online. In addition, at a meeting with 25 bloggers organised by Freedom House, the participating activists thanked the Ministry of Foreign Affairs for supporting their work and for the efforts of Dutch embassies around the world.

• The resolution on ‘The Right to Privacy in the Digital Age’, which was tabled by Germany and Brazil at the 68th session of the UN General Assembly in the autumn of 2013, put the debate on striking a balance between the right to privacy and need to protect national security on the map at the UN. The Netherlands actively participated in the negotiations to ensure the adoption of a text with a strong human rights component. The negotiations resulted in a broadly-supported resolution that calls on states to respect human rights and the right to privacy, while acknowledging that privacy may be infringed on the grounds of national security in exceptional circumstances. The resolution also calls on Themes

states to put an end to violations of the right to privacy, establish procedures for cases in which surveillance is permitted, and improve oversight of such procedures.

• The Ministry of Foreign Affairs supported journalists and bloggers in urgent need in 2013 through the Human Rights Fund. Examples include a Media Legal Defence Initiative (MLDI) project (see section 1.2), which was funded through the Digital Defenders Partnership, and the development of the StoryMaker mobile application, which was funded through Free Press Unlimited. StoryMaker offers users a course in secure digital communication and a basic course in journalism on their mobile phones, as well as a way to securely upload video, audio and photographs. Users in Egypt, Iraq, Morocco and Tunisia were taught how to use the application. The Human Rights Fund also financed several activities aimed at promoting secure internet use in Iran.

2.6 Freedom of religion or belief

In 2013, freedom of religion or belief was once again a theme of Dutch human rights policy. As in previous years, the Netherlands employed bilateral and multilateral instruments to guarantee and promote individual rights relating to freedom of religion or belief. The constant problems in this area show how important it is that the Netherlands continues to devote attention to these freedoms worldwide. Our country stands by the principle that every individual must have the freedom to express his or her identity, as informed by religious or other beliefs. This includes the right to hold theist, non-theist or atheist convictions, the right to change one’s faith and the | 38 | right to live one’s life without religious convictions or practices.

• The Netherlands works hard to strengthen freedom of religion or belief at multilateral level. In 2013, as in previous years, it funded a policy officer in this field at the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR). There is an implicit link in the UN Human Rights Council and the General Assembly’s Third Committee between the EU’s resolution on religious freedom and the fairly conservative resolution submitted each year by the Organisation of Islamic Cooperation (OIC), which focuses on ‘fighting religious intolerance’. As a result of this link, progress on both resolutions was once again minimal in 2013. Together with like-minded UN member states both within and outside the EU, the Netherlands continues to push for a more progressive approach in resolutions that contain provisions undermining religious freedom. At the 68th session of the UN General Assembly, this resulted in the inclusion of the right to change one’s religion and the right not to have a religion in the resolution on freedom of religion or belief. 53

• In June 2013, the Council adopted the EU Guidelines on the promotion and protection of freedom of religion or belief.54 At his meeting with the Permanent Parliamentary Committee on Foreign Affairs and the General Committee on Foreign Trade and Development Cooperation about the policy letter ‘Justice and Respect for All’, the Minister of Foreign Affairs pledged to provide an assessment of the guidelines and their implementation by the Netherlands. The guidelines set out the international human rights standards in this area and provide EU delegations and embassies of EU member states with specific tools to promote and protect freedom of religion or belief at local level. The Netherlands contributed substantively to drafting these guidelines, which reflect Dutch policy priorities in this area, such as the freedom of every individual to choose a religion, not have a religion or change his or her religion. Other areas of action prioritised by the guidelines, such as freedom of expression, support for human rights defenders and civil society involvement, are already part of Dutch policy on religious

53 http://bit.ly/1giB62S 54 http://bit.ly/1jfQpRg Human Rights Report 2013

freedom. The guidelines thus support Dutch policy, and the government regards them as positive. The Netherlands remains committed to promoting the use of the guidelines by all EU member states and believes it is important that they start sharing best practices on implementing the guidelines on a regular basis. It remains in close contact with the EEAS regarding these issues.

• The Netherlands also draws attention atbilateral level to the individual’s right to freedom of religion or belief. It regards the separation of church and state as a key principle. During visits to various countries, including Pakistan and Saudi Arabia, the Human Rights Ambassador has talked about the separation of church and state and the right to change one’s religion. In nine countries where freedom of religion or belief is under threat (Armenia, China, Egypt, India, Kazakhstan, Nigeria, North Korea, Pakistan and Sudan), the Netherlands is actively seeking to enter into a dialogue with the government while also supporting projects aimed at protecting religious and ideological minorities and individual dissenters. Based on an analysis of the situation in each country, the government selected various projects aimed at promoting religious freedom. In Armenia, for example, it supported a project aimed at promoting religious tolerance by bringing together high-ranking representatives of various religions and civil society. In Egypt, it supported the establishment of projects focusing on dialogue between religions, which brought together Islamic and Christian leaders. In Nigeria, it supported various projects, including a training programme for journalists and spokespersons from government and the security services on responsible journalism in situations of ethnic and religious conflict. In addition, financial support was provided through the Human Rights Fund for four activities focusing on such issues as training, capacity building and | 39 | the monitoring of religious freedom in countries including Bangladesh, Belarus, Pakistan, Saudi Arabia, Uzbekistan and Yemen.

The Netherlands promotes religious freedom in Georgia Dutch diplomats regularly post articles about their daily efforts to promote and protect human rights on the Ministry of Foreign Affairs’ human rights blog (www. mensenrechtenwereldwijd.nl). In September 2013,54 for example, Ambassador Hans Horbach in Tbilisi wrote about the problems occasionally experienced by ethnic Georgian Muslims in the practice of their religion: ‘On Monday, the Georgian authorities removed the minaret of a mosque in the small village of Chela. According to the government, this was because errors had been made when importing the construction materials used to build the minaret. According to many Georgian Muslims, however, it was because the government had caved in to pressure from the country’s Orthodox Christian majority. According to the Georgian Ombudsman, the police acted incorrectly during the removal of the minaret. Early in the morning, the mosque was completely sealed off by 200 heavily armed police officers and a helicopter. Approximately 20 protesters were arrested, and many people complained that they had been treated very roughly by the police.’ Together with several counterparts from the EU, the United States and the Council of Europe, the Dutch ambassador raised the matter with the Georgian government. In November the minaret was reinstalled.

55 See the full blog posting (in Dutch) at: http://bit.ly/1ctwGct Themes

2.7 Human rights and development

In 2013, the contours of the post-2015 development agenda gradually emerged.

• The opening of the 68th session of the UN General Assembly in September 2013 focused in particular on achieving the Millennium Development Goals (MDGs) and formulating new development objectives. At the first meeting of the High-Level Political Forum on Sustainable Development established at the Rio+20 summit, Prime Minister Ivar Asjes of Curaçao spoke on behalf of the Kingdom of the Netherlands. In his address, he emphasised that the post-2015 agenda should be an ambitious new development agenda with specific, quantifiable goals, including poverty reduction and sustainability, a proper balance between the three pillars of sustainable development (the social, economic and environmental pillars) and attention to security. At the Special Event on MDGs on 25 September, the Minister for Foreign Trade and Development Cooperation underlined the importance of an inclusive process that embraces all stakeholders. The outcome document of the special event highlighted the importance of intensifying efforts to achieve the MDGs and outlined a roadmap leading to the High-Level Summit in September 2015, which is supposed to adopt the new post-2015 development goals.

• On 18 February 2013, the Ministry of Foreign Affairs invited civil society organisations working on SRHR, gender equality, human rights and sustainable development for talks on the role of the Netherlands in the post-2015 development framework. This round table meeting served as an informal platform for formulating recommendations concerning | 40 | the Dutch contribution on these themes in the post-2015 process. Strengthening the position and role of women is vital to achieving the post-2015 development agenda. The Netherlands therefore advocates treating gender equality and the empowerment of women and girls as a separate goal, with clear targets for preventing and eliminating all forms of violence against women and girls, ending child marriage and promoting economic and political participation. The Netherlands also believes it is important to ensure that gender issues are fully incorporated into other goals and that the post-2015 agenda promotes universal sexual and reproductive health and rights.

• The Netherlands cooperates with the United Kingdom and Australia in the Open Working Group on Sustainable Development Goals (SDGs), which are meant to be included in the post-2015 development agenda. EU member states have also discussed the possibility of joint action on post-2015 development finance and post-2015 goals and targets. In 2013, moreover, they worked on a toolbox to facilitate a rights-based approach to development cooperation. European development policy can be strengthened by making use of the available human rights information and mechanisms, such as the Universal Periodic Review (UPR). In June, the Netherlands attended a seminar on the priorities of this new approach. The toolbox is expected to become available in 2014.

2.8 Business and human rights

The Netherlands encourages the business community to respect human rights. The aim is to prevent companies from abusing human rights either directly or within their supply chains. Putting the UN Guiding Principles on Business and Human Rights into practice is an important priority for the Netherlands.

• At the end of 2013, the Minister for Foreign Trade and Development Cooperation and the Minister of Foreign Affairs, acting on their own behalf as well as on behalf of the Minister of Economic Affairs, presented theNational Action Plan on Business and Human Human Rights Report 2013

Rights to the House of Representatives.56 In order to arrive at this plan, a government working group used the UN Guiding Principles to assess current policy. Interviews were conducted and consultations held with representatives of the business community, civil society organisations, implementing organisations and other experts in order to identify the most important viewpoints and ideas on the action plan. The people attending these meetings were clearly interested in and committed to the subject, and there was broad consensus about the importance and meaning of the UN Guiding Principles. The action plan develops the five main points that emerged during the consultations – an active government role, policy coherence, clarifying due diligence, transparency and reporting, and scope for remedies – into specific action items and indicates what steps the government will take as a result of the consultations. For example, it provides that the government will support the Social and Economic Council (SER) with a grant for workshops to help companies shape the human rights component of their corporate social responsibility (CSR) policies and assist them in identifying and prioritising the risks they face. Another action item provides that the Netherlands will organise a conference on legal and non-legal grievance mechanisms in 2014, together with the ACCESS Facility. In addition, based on the outcomes of the Sector Risk Analysis, the government will meet with the sectors most likely to have negative social effects to examine how the situation can be improved and whether there is any scope for voluntary CSR agreements.

 Training provided in Kenya by the NGO SOMO, as part of a project supported by the Netherlands. The project is geared towards strengthening grievance | 41 | mechanisms for human rights abuses in corporate supply chains. 'copyright Desiree Koppes'.

• On 13-14 March 2013, the Netherlands chaired the annual meeting of the multi-stakeholder initiative on Voluntary Principles (VPs) on Security and Human Rights in The Hague. The meeting was opened by the Minister for Foreign Trade and Development Cooperation, former Special Representative of the UN Secretary-General for Business and Human Rights Professor John Ruggie and Dr Margaret Jungk of the UN Working Group on Business and Human Rights. The annual meeting welcomed six new members, including Australia. In her address, the Minister for Foreign Trade and Development Cooperation called on resource-rich countries to join the initiative, since problems relating to the mining of raw materials occur most often in these countries. The annual meeting included many presentations on outreach and on the implementation of the Voluntary Principles, which are both Dutch priorities.

56 http://www.rijksoverheid.nl/documenten-en-publicaties/publicaties/2014/01/30/national-action-plan- on-business-and-human-rights.html Themes

• Dutch embassies play a clear role in helping companies take account of human rights while doing business. For example, embassies inform companies about local CSR-related risks, organise meetings and enter into talks with local authorities. At the end of 2009, the missions in Brazil, China, Colombia, India, Russia, South Africa, Turkey and the United Arab Emirates started enhancing their policy focus on promoting human rights as part of business practice. In mid-2012, they were joined by the missions in Bangladesh, Thailand (with regard to Burma), Jordan, Kazakhstan, Nigeria, Panama and Tunisia. For example, the Consulate-General in Istanbul organised a training programme attended by over 20 companies that aimed to increase their knowledge and awareness of human rights and promote the application of the UN Guiding Principles in the workplace. The participating companies were trained via monitoring sessions and webinars. The embassy in Jordan funded a project on labour migrants and human trafficking in which foreign employees were given workshops informing them about their rights and obligations. The House of Representatives will be informed in greater detail this spring, just as it was last year, about the embassies’ CSR policy activities in 2013.57

• Human rights are a key theme of foreign visits by government officials. The extent to which they are addressed varies from visit to visit and from country to country. During the Minister for Foreign Trade and Development Cooperation’s visit to Uganda on 26-27 May, for example, the Child Labour Free Zone project in Entebbe was a key agenda item. This project, which is run by the Stop Child Labour coalition, is funded by the Human Rights Fund. The minister spoke to former child labourers, youth activists, the local Savings and Loans Association Group and teachers from the local primary school that the children | 42 | now attend. In November 2013, the Minister of Foreign Affairs accompanied King Willem-Alexander and Queen Máxima on a visit to Colombia, during which they attended the official opening of Holland House, which helps Dutch companies develop initiatives in Colombia. It also explicitly reminds them of their social responsibilities, especially in the field of human rights, when doing business in the country.

• During his visit to Colombia in June 2013, the Human Rights Ambassador expressed his concern regarding the difficulties experienced by the country’s union leaders. It is important that they, too, have access to protective measures and that government, employers and unions maintain a constructive social dialogue. The ambassador also drew attention to threats made against human rights defenders, community leaders and journalists who are active on the issue of land restitution, especially in rural areas.

• During an economic mission to Panama on 24 June, the Minister for Foreign Trade and Development Cooperation spoke to the Panamanian employers’ organisation CoNEP about developing corporate strategies to eliminate child labour. A presentation of the project against child labour painted a clear picture of the problem of Panama’s child labourers – who number over 50,000 – and the experiences of companies that have tried to eliminate child labour from their supply chains.

• During a visit to India in September 2013, the Minister for Foreign Trade and Development Cooperation called on politicians and representatives of civil society organisations to devote attention to joint approaches to CSR-related issues such as child labour.

• In September 2013, the Minister for Foreign Trade and Development Cooperation visited Bangladesh as part of a sustainable trade mission that devoted attention to various issues, including working conditions in the textile industry (for more on Dutch efforts in this area, see section 1.3).

57 http://bit.ly/1dz4w06 (in Dutch) Human Rights Report 2013

• In November, Prime Minister Mark Rutte made an official visit Indonesiato , accompanied by the Minister for Foreign Trade and Development Cooperation, the Minister for Agriculture and a large trade delegation. During the visit, the Prime Minister opened a forum on sustainable production and trade organised by the Sustainable Trade Initiative (IDH). The Minister for Foreign Trade and Development Cooperation participated in the forum and spoke to representatives from the Indonesian government, civil society organisations and the private sector about the importance of sustainable trade and the sustainable production of palm oil and paper pulp.

2.8.1 Child labour During an economic mission to Brazil on 6-10 October 2013, the Minister for Foreign Trade and Development Cooperation participated in the Third Global Conference on Child Labour in Brasilia, which gave fresh impetus to the fight against child labour. All UN member states were invited to the conference, and 153 countries were represented by delegations including representatives of government, employers, employees and civil society organisations. The Netherlands was actively involved in preparing the conference. The minister addressed the conference and handed over the chairmanship, which the Netherlands had held since the previous conference in The Hague in 2010, to Brazil. She called on governments and social partners to implement the Roadmap adopted in The Hague in 2010, which calls for immediate and effective measures to eliminate the worst forms of child labour. The conference’s final declaration – the Brasilia Declaration on Child Labour – calls for more age- and gender-specific responses to child labour and focuses on the formalisation of the informal economy, especially in the manufacturing and service sectors, as a way of combating child labour. | 43 |

The Netherlands and the fight against child labour In 2013, the Netherlands provided funding to the Child Labour Platform (CLP), an international network of companies opposed to child labour, established in 2010. The CLP enables companies from different sectors and regions to share experiences relating to the elimination of child labour within their organisations and supply chains. The ILO’s International Programme on the Elimination of Child Labour (IPEC) provides advice and technical support to the CLP. The funding provided by the Netherlands enables the CLP to include more non-Western companies in its network.

3 Forums and Instruments Human Rights Report 2013

3.1 European Union

3.1.1 The EU’s external human rights policy In 2013, the Netherlands continued to pursue close EU cooperation in the field of human rights. Human rights and democracy are the ‘silver thread’ running through the EU’s external policy. The Netherlands has an interest in ensuring that the EU’s external human rights policy is successful. Due to its status as a global player, the EU can often be more effective than the Netherlands can be by itself.

 The EU-Burma Taskforce in November 2013, with (pictured from left to right) EU High Representative Catherine Ashton, Burmese opposition leader Aung San Suu Kyi, and Stavros Lambrinidis, the EU Special Representative for Human Rights.

| 45 |

• The High Representative of the Union for Foreign Affairs and Security Policy, Catherine Ashton, continues to be the face of the EU’s human rights policy. The European External Action Service (EEAS) assists the High Representative in developing and implementing this policy. Together they operate within the parameters set by the member states in the Council and the European Council. The Netherlands supports the EU’s external human rights policy and continues to actively pursue the integration of human rights in the EU’s external action. This is apparent, for example, from our country’s close cooperation with the EEAS (e.g. in the form of secondments to the EEAS and the EEAS human rights team) and the declarations issued by the High Representative at the Netherlands’ suggestion.

• The EU is a prominent defender of human rights outside its borders. This obviously means that it has to speak with one voice. Since 2013, the Council’s Working Party on Human Rights (COHOM) has started meeting more regularly to ensure that the EU and the member states coordinate their human rights policies in practice. The Netherlands has added extra staff at its Permanent Representation to the EU for this purpose. In addition, the EEAS, the European Commission and the European Parliament communi- cated with each other throughout the year to ensure that EU human rights policy was being implemented consistently. The Netherlands has advocated a clear allocation of tasks in Brussels to prevent overlap and enable member states and EU agencies to focus more on specific issues. For instance, the Netherlands is focusing on EU initiatives aimed at increasing the political participation of women in non-EU countries, while other countries are more active on other issues. Denmark for example focuses on torture. Forums and Instruments

The Netherlands supports the EU Special Representative for Human Rights The EU Special Representative (EUSR) for Human Rights, Stavros Lambrinidis, was at work in 2013 for his first full calendar year. Mr Lambrinidis has given a strong boost to European human rights policy. He is concentrating on the universality of human rights and has opted for a combination of quiet and public diplomacy. Inspired by the Netherlands’ trilateral approach, he is focusing his efforts on strategic partners, such as Brazil, China, Egypt, Russia and South Africa, in order to achieve a wider regional impact. He also maintains contacts with many NGOs and is addressing the shrinkage of civil society space around the world. In August 2013 Mr Lambrinidis visited the Netherlands, where he discussed EU human rights policy with the Minister of Foreign Affairs and the Dutch Human Rights Ambassador.

3.1.2 Financial instruments of the EU’s human rights policy Human rights and democratisation also play a crucial role in decisions on financing the EU’s external policy. The Netherlands continues in EU discussions to emphasise the importance of conditionality. The EU can increase the effectiveness of its external action by formulating and applying the conditions linked to assistance in an unambiguous manner. The EU’s external policy instruments provide increasing scope for an incentive-based approach, and respect for human rights, democracy and the rule of law is a key test in this regard. The more a country shows that it is making an effort to improve human rights and pursue a broader reform agenda, the more support it will receive from the EU. The principle is most visible in the European Neighbourhood Policy (ENP). In 2013, for example, the relevant | 46 | transition funds did not distribute any financial assistance, to Egypt or Ukraine, whereas additional resources were made available to Georgia, Jordan, Moldova, Morocco and Tunisia.

Through the European Instrument for Democracy and Human Rights (EIDHR), the EU promotes the development and consolidation of democracy and the rule of law and respect for human rights and fundamental freedoms worldwide. In 2013, the EU allocated €128 million for this purpose, the lion’s share of which was spent on supporting civil society and human rights defenders in countries outside the EU. Also in 2013, negotiations took place on the EIDHR budget for the next six years (2014-2020). It was ultimately set at €1.2 billion, the same amount as for the previous period (2007-2013). During the negotiations, at the Netherlands’ insistence, it was determined that support for human rights defenders would be one of EIDHR’s five explicit objectives and that the instrument could be employed when human rights defenders are in urgent need of protection. At the initiative of the Netherlands and other countries, moreover, EIDHR can now also be used to fund activities promoting LGBT rights. Finally, at the request of the Netherlands and other countries, a new article was added to the EIDHR Regulation in which the EU and the member states agree to increase the coordination, coherence and complementarity of the Union’s assistance.

The European Endowment for Democracy (EED), which was established to support democratic change in the EU’s southern and eastern neighbours, started operating in 2013. It supports pro-democracy civil society organisations, independent media outlets and journalists, NGOs, unions and other social partners with a view to lastingly strengthening democratic processes.

3.1.3 EU Strategic Framework and Action Plan on Human Rights and Democracy Progress was made in 2013 on implementing the EU Strategic Framework and Action Plan on Human Rights and Democracy. The Netherlands’ priorities are well reflected in these documents, which devote detailed attention to fighting discrimination, supporting human rights defenders and promoting equal rights for women and lesbian, gay, bisexual, transgender and intersex (LGBTI) people, as well as to freedom of expression including internet freedom, freedom of religion and corporate social responsibility. The action plan Human Rights Report 2013

focuses on closer cooperation with other Council working parties and EU agencies to promote the mainstreaming of human rights. In addition, the Netherlands has spoken out in various EU forums in favour of a more systematic approach to mainstreaming that includes raising human rights issues in sectoral dialogues with third countries. Civil society is being involved in this debate.

The importance of the human rights-based approach was also enshrined in 2013 in the Agenda for Change for EU development cooperation and the EU’s post-2015 development priorities, for example by including SRHR in the accompanying Council conclusions.

3.1.4 EU guidelines In 2013, the EU adopted guidelines on LGBTI rights and freedom of religion or belief (see sections 2.2 and 2.6). The Netherlands contributed to the adoption of these guidelines, and helped draft the EU Guidelines on freedom of expression online and offline, which are due to be adopted in the spring of 2014. In addition, the Netherlands pushed for the consistent implementation of all EU human rights guidelines. Although there is still much room for improvement, these guidelines are proving to be an effective tool for raising these issues with EU delegations and the embassies of EU member states.

3.1.5 EU human rights strategies and dialogues The EU country strategies are meant to strengthen human rights policy by aligning all the political, economic and other instruments of the EU delegations and the embassies of the member states. The strategies identify specific goals and priorities for each country. In 2013, | 47 | the Political and Security Committee of the Council of the European Union approved 123 country strategies, which will make a substantial contribution to EU human rights policy and help improve the division of labour between member states. In the spring of 2014 the implementation of all the strategies will be evaluated. The EU human rights strategies are confidential. Together with a few other member states, the Netherlands has pushed for the publication of summaries of these strategies. Publication is not only a form of public diplomacy but also a way to consolidate cooperation with civil society and provide more insight into how the EU can assist NGOs and human rights defenders.

The EU conducts human rights dialogues with more than 30 non-EU countries. In 2013 it held talks with China, India, Indonesia, Kazakhstan, Russia, the African Union and others. The Netherlands is committed to granting civil society a stronger voice in such dialogues. At local level and in Brussels, NGOs are extensively involved in setting the agenda and subsequently receive reports on the outcomes from the EEAS. The heads of EU delegations also speak with representatives of civil society. The Netherlands presented a number of proposals in 2013 aimed at increasing the effectiveness of these dialogues, for example by urging EU missions to take a more open approach, since dialogue can only be effective if there is sufficient scope for two-way communication.

3.1.6 EU accession to the ECHR In April 2013, a breakthrough was achieved in the negotiations between the EU and the Council of Europe on the EU’s accession to the European Convention on Human Rights (ECHR): agreement at expert level on the text of the accession agreement. At the beginning of August the European Commission asked the European Court of Justice (ECJ) to issue an opinion on the compatibility of the draft accession agreement with the EU Treaties, in accordance with the procedure laid down in Article 218(11) of the Treaty on the Functioning of the European Union. This is expected to take the ECJ between nine and twelve months.

In order to put the accession agreement into effect, the EU needs to adopt internal rules on its application, such as procedures for nominating the EU judge who will sit on the European Court of Human Rights (ECtHR) and governing the EU’s representation in ECtHR Forums and Instruments

proceedings. The accession agreement and the EU’s internal rules are closely connected to each other and form a single package; the Netherlands will be able to approve this package only after agreement has been reached on both. The Commission is expected to present a proposal for the internal rules as soon as the ECJ has issued its opinion on the compatibility of the draft accession agreement with the EU Treaties, provided that this opinion is favourable.

The final accession agreement must be approved by all 47 states parties to the ECHR and by the EU. The EU’s decision to enter into the agreement, which will also lay down the EU’s internal rules for its application, must be approved by the European Parliament and the Council. Finally, the EU member states must approve the decision to enter into the agreement in accordance with their own constitutional provisions before it can enter into force. This means that the accession agreement and the EU’s decision approving it will both be presented to parliament for approval.

3.2 United Nations

Promoting and protecting human rights plays a key role in the day-to-day activities of the UN Secretariat and the organisation’s missions and agencies. In December 2013, the Secretary- General launched the ‘Rights up Front’ initiative, in response to criticism of the UN’s actions in the final phase of the civil war in Sri Lanka. Its aim is to prevent mass atrocities and ensure that efforts to promote and protect human rights are at the forefront of the UN’s activities. As noted by the Secretary-General, the UN needs to strengthen the culture of respect for human | 48 | rights at all levels of the UN system, to recognise human rights violations as important warning signs of conflict, and to create an early warning system using fact-finding and preventive deployment. As part of the initiative, all UN staff will be retrained and efforts in support of fundamental human rights will be incorporated into relevant job descriptions and assessments. Due to its recent launch, the initiative’s practical impact cannot be assessed yet. However, the Netherlands will closely monitor developments in this area.

In accordance with the policy letter ‘Justice and Respect for All’, the Netherlands has devoted special attention at the UN tohuman rights defenders and equal rights for LGBT people and women. Together with various countries, including Argentina and Brazil, it organised the first ministerial meeting in New York on LGBT equal rights. In addition, through various side events and resolutions, it drew attention to the role of women during and after the conflict in Syria. In the Human Rights Council (HRC) and the General Assembly, the Netherlands tabled resolutions opposing child marriage, both of which were adopted by consensus and attracted more than 100 co-sponsors. Thanks in part to Dutch efforts, two resolutions on human rights defenders were adopted: one on civil society space and one providing that human rights defenders may receive funding without discrimination, even from abroad. The Netherlands also negotiated the HRC resolution on violence against women on behalf of the EU. In addition, it worked to break up blocs at the UN by

 Minister Timmermans chairing the ministerial meeting on equal rights for LGBT persons, organised by the Netherlands in the margins of the United Nations General Assembly. Seated next to him from left to right: French deputy minister of Foreign Affairs Pascal Canfin, US Secretary of State John Kerry, and the UN High Commissioner for Human Rights, Navi Pillay. Human Rights Report 2013

forming coalitions with countries with which it traditionally cooperates less on human rights but which are like-minded on specific issues (see also section 1.1). The EU successfully lobbied for several country resolutions. The Netherlands actively contributed to these efforts and helped negotiate these resolutions. The Third Committee once again adopted resolutions on Burma and North Korea without a vote. Both the HRC and the Third Committee adopted resolutions on Syria that focused on the importance of accountability for the atrocities, the Commission of Inquiry’s access to the country and the need to involve women in the peace process. In addition, the Netherlands once again played a leading role in the HRC in the adoption of a resolution on Yemen, together with the country itself, the Palestinian Authority and the United States. The resolution addresses cooperation between Yemen and the OHCHR to improve the country’s human rights situation.

The Kingdom of the Netherlands submitted its fourthperiodic report in 2013 on the implementation of the International Convention of the Rights of the Child.58 It also submitted its first and only report under the International Convention for the Protection of All Persons from Enforced Disappearance.59 In May, at its 50th session, the Committee against Torture considered the report submitted by the Kingdom of the Netherlands under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 60

The Netherlands helps fund the UN’s human rights work In 2013, the Netherlands was once again one of the largest donors to the Office of the High Commissioner for Human Rights (OHCHR). Of its €8 million contribution, | 49 | almost €3 million went to supporting UN treaty bodies and HRC special procedures. The Netherlands also contributed to the Trust Fund to support the participation of least developed states and small island developing states in the work of the Human Rights Council.

3.3 Organization for Security and Cooperation in Europe

The Netherlands prioritises the OSCE’s ‘human dimension’ and therefore constantly presses for stricter compliance with commitments in the fields of democracy, human rights and freedom of expression.

• At the meeting of the OSCE Ministerial Council in Kyiv in December 2013, the Netherlands once again raised the issue of compliance, with a specific focus on internet freedom. The meeting also considered the situation in Ukraine in depth. The Minister of Foreign Affairs called forcefully for the protection and safety of journalists in Ukraine and the wider OSCE area.

• During a round table discussion involving the Minister of Foreign Affairs, theOSCE Representative on Freedom of the Media, journalists and bloggers from the OSCE area, the participants discussed real-life examples. It unfortunately once more became clear that media freedom is under threat in a large number of OSCE countries. Despite considerable efforts on the part of the Netherlands and the EU, the OSCE once again proved unable in 2013 to adopt a resolution on the protection of journalists, due to fundamental disagreements on such issues as the definition of a journalist and the degree of protection that journalists should enjoy.

58 https://zoek.officielebekendmakingen.nl/blg-266402.pdf 59 http://bit.ly/1lFx3Xm 60 Documents relating to this session are available at: http://tbinternet.ohchr.org/_layouts/treatybodyexter- nal/SessionDetails1.aspx?SessionID=790&Lang=en Forums and Instruments

• In previous years, the OSCE proved unable to adopt any decisions on human rights. Fortunately, agreement was reached in Kyiv in 2013 on two decisions relating to the ‘human dimension’. The first onfreedom of thought, aims to promote tolerance and respect between believers as well as between believers and non-believers. It emphasises the connections between this freedom and other fundamental freedoms. The second decision, which aims to improve the situation of Roma and Sinti in the OSCE area, particularly women and children, focuses on the implementation of the OSCE Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area. The Netherlands also continued in 2013 to actively promote LGBT rights in the OSCE area (see section 2.2.2).

• In 2013, the Netherlands once again actively encouraged the access of NGOs and human rights activists to OSCE meetings by means of a contribution from the Human Rights Fund to the Netherlands Helsinki Committee. The recommendations that emerged from these NGO meetings were presented to the outgoing Ukrainian chairmanship and the incoming Swiss chairmanship.

• Finally, in 2013 the Netherlands used resources from the Human Rights Fund to support several projects aimed at improving the human rights situation in the OSCE area, including a conference on media freedom, a project to improve the protection of human rights defenders and a project encouraging citizens to participate in the democratic process in Georgia.

| 50 | 3.4 Council of Europe and European Court of Human Rights

The Netherlands continues to regard the Council of Europe’s role as guardian of European norms in the fields of human rights, democracy and the rule of law as proof of the organisation’s unique added value, manifest above all in the European Convention on Human Rights (ECHR) and its enforcement by the Court in Strasbourg. The Netherlands remains actively committed to the effective functioning of the Council of Europe’s human rights system in general and the European Court of Human Rights (ECtHR) in particular.

• In 2013, the Kingdom of the Netherlands signed both new protocols to the ECHR – Nos. 1561 and 1662 – and is currently preparing for their parliamentary approval. It also remains closely involved in implementing the other action items of the Brighton Declaration.63 As in previous years, both houses of parliament will receive a report on Dutch cases at the Court, including statistics and summaries of relevant judgments and decisions in 2013.

• In 2013, the Netherlands once again ensured that the Council of Europe maintained – and where necessary strengthened – its focus on such issues as LGBT equal rights. Using staff and resources from the Human Rights Fund, the Netherlands made an effort to structur- ally embed LGBT expertise in the Council of Europe. Internet freedom and freedom of expression were also key issues for the Council in 2013 (see section 2.5.1). In addition, the Netherlands drew attention to the situation ofhuman rights defenders. At its request, this issue was included in the joint programmes between the EU and the Council of Europe. In May 2013, the Council’s Commissioner for Human Rights, Nils Muižnieks, organised a round table discussion with human rights defenders from Armenia, Azerbaijan, Belarus, Georgia, Moldova, Russia and Ukraine. The aim of the meeting was to identify the best ways for the Council of Europe to support human rights defenders, for example by targeting member states with specific actions for ECHR implementation.

61 http://bit.ly/1lFDPfO 62 http://bit.ly/1c9SG8A 63 http://hub.coe.int/20120419-brighton-declaration Human Rights Report 2013

• Equal rights for women are also high on the Council of Europe’s agenda. There is a high level of agreement on this issue. In July 2013, in cooperation with the Netherlands, the Council of Europe organised a conference on ‘Media and the Image of Women’ in Amsterdam, which resulted in a Committee of Ministers Recommendation on gender equality in the media.64 In November 2013, the Committee of Ministers adopted a comprehensive Gender Equality Strategy65 including the following strategic objectives: combating gender stereotypes and sexism; preventing and combating violence against women; guaranteeing equal access of women to justice; achieving balanced participation of women and men in political and public decision-making; and achieving gender mainstreaming in all policies and measures. In addition, the Parliamentary Assembly adopted three resolutions in this area: Resolution 1963 (2013) on ‘Violence against Women in Europe’,66 Resolution 1939 (2013) on ‘Parental Leave as a Way to Foster Gender Equality’67 and Resolution 1921 (2013) on ‘Gender Equality, Reconciliation of Private and Working Life and Co-responsibility’.68

• In May 2013, the Minister of Foreign Affairs attended the Committee of Ministers. The Netherlands thus lent its political support to the efforts of Council of Europe Secretary- General Thorbjørn Jagland to increase the effectiveness of the Council’s monitoring instruments. He aims to achieve this by compiling all findings in an annual report that will be discussed in the Committee of Ministers. This will provide member states with a clear picture of their shortcomings in implementing their treaty obligations. The Secretary-General then wishes to assist member states, on their request, in improving their performance. | 51 | • On 7 October 2013, the Ministry of Foreign Affairs organised a seminar on the work of the Venice Commission, the Council of Europe’s advisory body on constitutional matters that, upon request, provides legal advice to member states wishing to bring their constitutional structures into line with the ECHR. The seminar helped increase awareness in the Netherlands of the Commission’s work.

64 http://bit.ly/1lFECNN 65 http://bit.ly/NdBR7x 66 http://bit.ly/1bBL1TE 67 http://bit.ly/1bvNo7q 68 http://bit.ly/1eEiRZe Forums and Instruments

3.5 International courts and tribunals

The objectives of combating impunity and promoting the international legal order, which find their source in the Constitution, remain key elements of Dutch foreign policy. Tracking down and prosecuting individuals accused of international crimes is first and foremost the responsibility of individual states. The Netherlands worked hard in 2013 to provide states with instruments to investigate and prosecute individuals accused of genocide, war crimes and crimes against humanity at national level. These serious crimes should not go unpunished. When a country is unable or unwilling to prosecute such persons at national level, there has to be an effective international system in place to prosecute and try them. The international courts and tribunals, including the International Criminal Court (ICC), are a key part of this system. In addition, the Netherlands continues to publicly condemn serious human rights violations and initiate EU and UN action against them.

The Netherlands promotes the development of the international legal order In addition to the activities of the international courts and tribunals, the Netherlands also supports intergovernmental initiatives to promote the international legal order. In 2013, together with Argentina, Belgium and Slovenia, the Netherlands continued to make the case for a multilateral treaty on mutual legal assistance and extradition for domestic prosecution of the most serious international crimes. At various side events, for example during the session of the UN Commission on Crime Prevention and Criminal Justice (CCPCJ) in Vienna and at the Assembly of States Parties to the Rome Statute, the Netherlands highlighted the importance of such a treaty. The | 52 | number of countries that support this initiative is increasing.

The Netherlands is also a member of the executive board of Justice Rapid Response (JRR), an intergovernmental body that makes a range of experts in all parts of the international criminal justice system available at short notice to governments and to national and international courts and tribunals to assist in the investigation and prosecution of international crimes. The Netherlands also provides funding and makes its own experts available.

3.5.1 International Criminal Court The International Criminal Court (ICC) is the keystone of global and national criminal prosecution. However, it is highly dependent on the support and cooperation of states, especially in enforcing warrants of arrest. At national level, the Netherlands works hard to track down and prosecute individuals accused of international crimes, in accordance with the principle of complementarity laid down in the Rome Statute. The ICC comes into action when countries are unwilling or unable to prosecute the most serious crimes themselves. In this way, it acts as a catalyst for strengthening the national legal order and developing the judicial capacity of states parties. The ICC thus also has a preventive effect. Universal ratification of the Rome Statute is crucial to the Court’s legitimacy and effectiveness. In 2013, Côte d’Ivoire’s ratification brought the number of states parties to 122.

• At present, the ICC is formally investigating eight situations, in: Uganda (since 2004), the Democratic Republic of the Congo (since 2004), Sudan (Darfur, since 2005), the Central African Republic (since 2007), Kenya (since 2010), Côte d’Ivoire (since 2011), Libya (since 2011) and Mali (since 2012). In January 2013, the ICC Prosecutor announced that the preliminary examination of the situation in Mali had been concluded and that a formal investigation would be opened. In March 2013, almost six years after a warrant of arrest had been issued against him for war crimes and crimes against humanity in the Democratic Republic of the Congo in 2002 and 2003, Bosco Ntaganda surrendered himself voluntarily for extradition to the ICC. His case will start in 2014. Human Rights Report 2013

• In September, the case against several Kenyan nationals, including Deputy President William Samoei Ruto, got underway. The indictment relates to responsibility for crimes against humanity committed during the violence that broke out following the Kenyan presidential elections in 2007. In December, the Prosecutor requested an adjournment in a similar case against Kenyan President Uhuru Muigai Kenyatta. The reasons for this request were the withdrawal of witnesses and changes to their statements, which according to the Prosecutor had weakened the case against the defendant.

• In 2013, the criticism by various African countries of the ICC increased. They argued, in particular, that the ICC’s focus on Africa was one-sided and that the prosecution of heads of state (who are not immune from prosecution under the Rome Statute) was inappropriate. This criticism took centre stage at the annual session of the Assembly of States Parties in The Hague on 20-28 November 2013.69 In the end, the states parties had a constructive dialogue, and the session reached a satisfactory conclusion following the adoption of several amendments to the rules of procedure improving the functioning of the Rome Statute.

3.5.2 Other international courts and tribunals In its capacity as host country and/or by actively providing political and financial support, the Netherlands did its best in 2013 to ensure the proper functioning of several international judicial institutions.

• The Netherlands continued to support the trial of former Chadian dictator Hissène Habré before the Chambres Africaines Extraordinaires, a special hybrid criminal tribunal | 53 | comprising Senegalese and international judges. This is the first time that an African dictator has been tried in Africa. The Netherlands sits on the committee monitoring the transparency of the proceedings.

• The Special Tribunal for Lebanon (STL) had an eventful year. The situation in Lebanon was unstable, with several bomb attacks on Shi’ite and Sunni targets. In 2013, the STL charged a fifth suspect in the Hariri case. All the defendants are Lebanese nationals with links to Hezbollah who are accused of ordering the assassination of former Lebanese Prime Minister Rafiq Hariri. The STL continued in 2013 to prepare for the commencement of the proceedings. The first case started on 16 January 2014, four years after the STL’s inauguration in 2009. Agreement was reached beforehand that the defendants could be tried in absentia.

• In September 2013, the Appeals Chamber of the Special Court for Sierra Leone (SCSL) issued a judgment in its final case, against former Liberian President Charles Taylor, who was tried in the Netherlands. As in the judgment at first instance, he was sentenced to a term of imprisonment of 50 years for war crimes and crimes against humanity in neighbouring Sierra Leone. The sentence is being enforced in the United Kingdom. Following the completion of this case, the SCSL closed its doors.

• In two cases, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) acquitted senior officers after they had been convicted by the Trial Chamber. In a third case, the Trial Chamber acquitted the head of the Serbian security service and his subordinate.

• During the past year, in cooperation with the UN, the SCSL, the ICTY and the International Criminal Tribunal for Rwanda (ICTR), the Netherlands continued guiding

69 See the letter to parliament (in Dutch) containing a report on the session (http://bit.ly/1ncCUEj) and the letter to parliament (in Dutch) containing the written questions of the Permanent Parliamentary Committee on Foreign Affairs and answers of the Minister of Foreign Affairs concerning this session (http://bit.ly/1hISphU) Forums and Instruments

the transition of the tribunals to their residual mechanisms, which will be responsible for witness protection, review proceedings and archive management. The ICTR and the ICTY, which are expected to complete their work in 2014 and 2016 respectively, will jointly transition to the Mechanism for International Criminal Tribunals (MICT). In 2013, the SCSL transitioned to the Residual Special Court for Sierra Leone (RSCSL).

3.6 Bilateral efforts

In addition to the various multilateral channels that it employs to promote human rights worldwide, the Netherlands also has bilateral instruments at its disposal. The government as a whole is responsible for Dutch human rights policy. For this reason, where relevant, all ministers discuss human rights in their contacts with other countries. In October 2013, for example, the Minister of Health, Welfare and Sport took the initiative for a statement against discrimination and in support of individuals’ freedom of expression regardless of their sexual orientation. The reasons for this statement were Russia’s recently adopted law against ‘gay propaganda’ and concerns about its impact on the Olympic Games in Sochi. Eighteen EU sports ministers supported the Dutch initiative.70 Furthermore, human rights issues are raised systematically during trade missions (see section 1.3).

3.6.1 Human Rights Fund and other financial instruments The budget allocated to the Human Rights Fund (MRF) at the beginning of 2013 amounted to €33.8 million in both Official Development Assistance (ODA) and non-ODA resources | 54 | (75% and 25% respectively). Two-thirds of the budget was delegated to embassies in countries that appear on the MRF country list. The remainder was spent centrally by the Ministry of Foreign Affairs. The priorities outlined in the human rights policy letter ‘Justice and Respect for All’ naturally formed the basic criteria for the allocation of MRF resources in 2013. Within the framework of these policy priorities, embassies are free to decide how to allocate the resources delegated to them, and to decide whether to employ certain thresholds in doing so.71 An overview of MRF spending appears in annexes 1 and 2.

In 2013, the central part of the MRF had a ceiling of €1.2 million for grants for ‘small-scale activities’ (up to €500,000). This facilitated the funding of projects in various fields, including LGBT rights and human rights defenders (e.g. Shelter City). In addition, the MRF issued a call for proposals for a total sum of €16 million for larger (€500,000 to €2 million) and multi-year projects in 2014-2017. Of the 121 applications that were received before the deadline, the MRF was able to accept eight: two focusing on LGBT rights, two on women’s rights, two on human rights defenders and two on other priorities from the human rights policy letter (freedom of religion or belief and human rights and development).

Given the available resources, the government deploys the MRF selectively with a view to maximising its effectiveness. In 2013, it therefore reduced the number of countries on the country list from 57 to 48, mainly by identifying those countries where MRF-funded projects have the most impact and added value. It decided to stop deploying the MRF in most of the development cooperation partner countries, as it already places many other resources at their disposal. The following countries were accordingly removed from the country list: Afghanistan, Benin, Burundi, Eritrea, Ethiopia, Ghana, Mali, Mozambique, Rwanda and Uganda. In 2011 and 2012 none of these countries had applied for MRF funding, although the Netherlands did fund the development of other human rights activities there. In contrast, Senegal was added to the country list in 2013 due to political developments in

70 http://www.rijksoverheid.nl/bestanden/documenten-en-publicaties/brieven/2013/10/01/schriftelijke- verklaring/schriftelijke-verklaring.pdf 71 The Minister of Foreign Affairs pledged to provide this information during his meeting on 30 September 2013 with the Permanent Parliamentary Committee on Foreign Affairs and the General Committee on Foreign Trade and Development Cooperation concerning the policy letter ‘Justice and Respect for All’ Human Rights Report 2013

the region and their impact on the human rights situation. In a letter to parliament of 30 August 2013,72 the Minister of Foreign Affairs stated that the government would examine the outcomes of projects funded by the MRF. This pledge is fulfilled, in particular, in chapters 2 and 4 of the present report.

In addition to the Human Rights Fund, the Ministry of Foreign Affairs has various other financial instruments at its disposal that can be used to promote human rights.

• For example, a substantial share of the government’s development cooperation resources – €400 million per year – are earmarked for protecting and strengthening SRHR (see section 2.3.3). Efforts to combat child labour and strengthen labour rights also command substantial sums from these resources.

• With a budget of €85.5 million for 2012-2015, the Funding Leadership and Opportunities for Women (FLOW) fund is the world’s largest fund for women. Its resources are devoted to preventing and combating violence against women and improving their political and economic position.

• Radio Netherlands Worldwide receives an annual grant of €14 million that is chiefly intended for promoting media freedom in countries where it is under threat.

• Through the cofinancing system MFS II, the Netherlands is providing the Press Freedom 2.0 programme with over €19 million in funding in 2011-2015. | 55 | • The Matra programme focuses on strengthening democracy and the rule of law – including human rights – in current and potential EU candidate countries in Southeastern Europe (Albania, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, Serbia and Turkey). For example, the programme has contributed to the establishment of an LGBT centre in Macedonia and the promotion of minority rights in Kosovo.

• The Matra South programme, which had a budget of €10 million in 2013, is meant to support democratic transition in the Arab region and can also be used to support human rights projects. In 2013, for example, it funded a project to promote human rights in Morocco’s prison system.

• The Central America programme is a Dutch regional development programme that focuses on security, the rule of law and human rights in Central America. For the period 2012-2015 it has a budget of €44 million, which is being used to fund various projects, including an Interchurch Organisation for Development Cooperation (ICCO) project supporting human rights defenders, press freedom, CSR and vulnerable groups.

• In 2013, finally, the Netherlands was once again one of the largest donors to theOffice of the High Commissioner for Human Rights (OHCHR), with a contribution of €8 million.

3.6.2 Human Rights Ambassador The Dutch Human Rights Ambassador helps shape human rights policy in the Netherlands and the international arena. He maintains contacts with civil society and promotes Dutch human rights policy during his many meetings and visits. He also acts as a discussion partner in foreign countries, where he fleshes out thehuman rights dialogue with the authorities. In the process, he raises general and specific human rights violations. In 2013, for example, the Human Rights Ambassador visited Pakistan (4-7 March) and Saudi Arabia (12-14 November). The House of Representatives was informed of these visits by letter on

72 http://bit.ly/OhzxMu (in Dutch) Forums and Instruments

13 May 201373 and 15 January 201474 respectively. In June 2013, he visited Colombia; a summary of this visit appears in the subsection on Colombia in section 4.4 of this report. In December 2013, he visited China; the House of Representatives received a letter reporting on this visit on 20 February 2014.75 In accordance with the undertaking given during a meeting with the Permanent Parliamentary Committee on Foreign Affairs and the General Committee on Foreign Trade and Development Cooperation on 30 September 2013, the Netherlands also shares such reports with its discussion partners in the countries visited by the Human Rights Ambassador.

The Human Rights Ambassador participated in 2013 in various international conferences. In May 2013, for example, he attended the Global Forum for Combating Antisemitism in Jerusalem. On the sidelines of this conference, he held talks with the Israeli authorities and human rights organisations. He also visited Ramallah, where he met with the authorities and NGOs. During the meeting of the Freedom Online coalition in Tunis in June 2013, he headed a panel on the US National Security Agency programme PRISM. He also attended the fifth World Congress against the Death Penalty in Madrid, the OSCE’s Human Dimension Implementation Meeting in Warsaw, the annual meeting of the International Holocaust Remembrance Alliance in Toronto and a conference of the Council of Europe in Belgrade on ‘Freedom of Expression and Democracy in the Digital Age’. In addition, he participated in a round table discussion with the Permanent Parliamentary Committee on Foreign Affairs on the role of religious freedom in Dutch foreign policy.

3.6.3 Embassies | 56 | The Netherlands’ embassies are a valuable instrument of Dutch human rights policy. They are perfectly positioned to gather information on the human rights situation in their countries of operation and can specifically target their support at projects aimed at promoting human rights. These are often small initiatives that could not be funded or supervised directly from The Hague. An overview of this expenditure appears in annexe 1.

Embassies can use the information they collect to denounce human rights violations at various levels. Acting alone or together with the embassies of like-minded countries, they can deliver démarches to the local authorities. In 2013, for example, this happened several times in Indonesia and other countries in response to their enforcement of the death penalty. Embassies can also advise the government to initiate a response at EU level. At the instigation of the embassy in Dakar, for example, the Netherlands and several other EU member states managed to defer a decision on a new EU development project in Gambia due to the country’s deteriorating human rights situation.

Embassies can also use public diplomacy to raise human rights issues in their countries of operation. Examples include the many activities organised by Dutch missions on the occasion of International Day Against Homophobia (IDAHO) (17 May 2013) and International Human Rights Day (10 December 2013). An overview of these activities appears in annexe 2

73 http://bit.ly/1o0Upp6 (in Dutch) 74 http://bit.ly/1bwqBZ7 (in Dutch) 75 http://bit.ly/1hckqwo (in Dutch) Human Rights Report 2013

4 | 57 | Human rights developments and Dutch efforts by region Human rights developments and Dutch efforts by region

4.1 North Africa and the Middle East

The destabilising effects of the war in Syria, the worsening security situation in a number of countries, and the ongoing transition process have been central to developments in the Arab region in the past year. In countries like Syria and Libya, violence has been accompanied by a deterioration in the area of human rights. In Egypt, the fall of President Morsi led to a worsening of the human rights situation. In Yemen and Tunisia, however, specific steps have been taken to promote human rights. Dutch efforts in the region, pursued partly through the European Union’s Neighbourhood Policy, are aimed at supporting democratisation processes and respect for human rights. The focus has been mainly on freedom of expression, protecting human rights defenders, workers’ rights and equal rights for women. The position of women and LGBT people continues to give cause for concern throughout the region.

 Tunisian police officers during a training, funded by the Netherlands, on journalism in relation to security services.

| 58 |

• Algeria: The lifting of the state of emergency and the political reforms of 2011 and 2012 did not improve human rights in Algeria as hoped. Although freedom of expression is guaranteed by the constitution, in practice the provisions of other legislation lead to (self-)censorship. The safeguards for freedom of assembly and association are still insufficient. Violence against women remains a matter of concern. Women are however enjoying growing success in education and on the labour market, and Algeria leads the Arab world in terms of the proportion of women in parliament (33%). Open displays of homosexuality are still punishable by law and LGBT issues are rarely discussed, even in Algerian human rights circles. According to some human rights groups, torture takes place, but this cannot be independently verified as international human rights organisations and the United Nations Special Rapporteur on Torture have no access to the country.

In 2013 the Netherlands supported projects on LGBT rights and equal rights for women. Human rights issues are also an integrated part of the structured bilateral dialogue between the EU and Algeria.

• Egypt: The human rights situation in Egypt had already worsened under the government of President Morsi, but it has deteriorated even further in the year under review. The number of terrorist attacks, most of them directed against the authorities, has risen sharply. A state of emergency was in effect in the three months following the fall of President Morsi, during which there was excessive violence (by both security troops and pro-Morsi demonstrators), leading to deaths in some cases. There was also violence against minorities, sexual violence against women, and restrictions on freedom of expression, freedom of the media, and freedom of association and assembly. NGOs were subjected to further restrictions and reports of torture by the security services increased. Human Rights Report 2013

The sharp deterioration in the human rights situation was discussed during regular visits to Egypt by High Representative Catherine Ashton and EU Special Representative for Human Rights Stavros Lambrinidis in 2013. High Representative Ashton also made public statements on (negative) developments almost every month. Egypt was not allocated any extra EU funding under the SPRING transition programme in 2013 because it failed to meet the criteria for eligibility, including those pertaining to human rights (e.g. ‘more for more’).

The Dutch Minister of Foreign Affairs visited Egypt on 7 August and, in talks with all the key players, called for a peaceful and inclusive political process. The Netherlands actively supports human rights defenders and its Human Rights Fund facilitates programmes to combat torture, increase freedom of expression and achieve equal rights for women. In terms of freedom of religion, the embassy is promoting dialogue between Christian and Muslim religious leaders and intercultural dialogue on citizenship and tolerance.

• Gulf States: The human rights situation in the Gulf States has not changed substantially over the past year. In general terms, the situation remains worrying, with executions, repression of minorities, restrictions on freedom of religion and strong curbs on the freedom of association and assembly. Freedom of expression and human rights defenders have come under further growing pressure. The position of women remains vulnerable, but there have been improvements in specific area’s. Thanks partly to considerable media attention, working conditions in the region have come under close scrutiny. There has been particular criticism of the deplorable conditions for labour migrants in the construction industry in Qatar. The Netherlands is playing an active role in attempts to address labour issues in the Gulf States. Members of the Dutch Government raise these | 59 | issues in their bilateral contacts, the most recent example when the Minister of Foreign Affairs met his Qatari counterpart in March 2014. The Dutch embassies are also in contact with the authorities, migrant workers’ countries of origin and the private sector (including Dutch companies). The Netherlands supports and works closely on these issues with the ILO, which plays a leading international role in the field of workers’ rights. The ILO is currently engaged in intensive dialogue with Qatar over the issue of working conditions. The Dutch Government will continue to act with its international partners to help improve the situation in the region. 76

The Netherlands aims to facilitate positive human rights developments in the Gulf region. It engages in active dialogue with national governments, civil society and human rights defenders, both bilaterally and through the EU. In 2013 several visiting members of the Dutch Government and high-level official delegations raised both working conditions and more general human rights issues. Activities in the Gulf States focused mainly on equal rights for women, good governance and workers’ rights (including the position of migrants). For instance, the Dutch embassy in the United Arab Emirates (UAE) organised a CSR seminar in 2013 at which companies from the Emirates and Benelux discussed best practices. The government of the UAE agreed to engage in a human rights dialogue with the EU, the first session of which took place in November.

The Dutch embassy in Kuwait organised several human rights-related activities in 2013, including a conference on the empowerment of women. The Netherlands also organised a working visit for the Kuwait Transparency Society, to exchange knowledge on the Netherlands’ methods and arrangements for combating corruption and ensuring compliance with human rights.

76 This information was promised to the House of Representatives during the meeting between the Permanent Parliamentary Committee on Foreign Affairs and the Minister of Foreign Affairs on 8 April 2014 Human rights developments and Dutch efforts by region

In Saudi Arabia, women have made up 20% of the national Consultative Council since 2013 and now have better access to education and the labour market, while public debate has focused on domestic violence. Nevertheless, the position of women in the country remains a particular cause for concern.In November 2013 the Human Rights Ambassador visited Saudi Arabia for the third time in four years.77 He spoke to representatives of the government, civil society, the private sector and religious minorities and with activists, journalists and opinion leaders. Thanks partly to the Netherlands’ efforts diplomats are now permitted to attend Saudi court hearings, for example in cases against human rights defenders. The Netherlands raised this issue during the UPR in October. In partnership with the Dutch private sector, the embassy supports the Saudi organisation GloWork, which aims to improve women’s position on the labour market. The embassy hosted a seminar on the matter in October 2013. It received positive feedback from the Dutch companies represented there for the specific guidance they were given on recruiting women in Saudi Arabia. The Netherlands also helped a delegation of human rights defenders to visit Geneva so that they could be actively involved in Saudi Arabia’s UPR.

• Iran: Despite the more diplomatic strategy adopted by the new president Hassan Rouhani, the human rights situation in Iran has not changed substantially. There have been both positive developments – the introduction of a new, slightly more lenient criminal code for example – and negative developments, such as the record number of executions. Broadly speaking, the human rights situation remained worrying in 2013, with many executions and cases of torture, systematic repression of minorities and severe restrictions on press freedom and freedom of expression. | 60 | The EU has repeatedly expressed its concerns and issued protests about the human rights situation in Iran in demarches and statements by High Representative Ashton. The Netherlands played an active role in these efforts. In September 2013, the Iranian authorities released the Iranian lawyer and human rights defender Nasrin Sotoudeh, partly thanks to an ongoing focus on her plight by the international community and human rights organisations. The EU had repeatedly urged the authorities to release her, at the instigation of various countries including the Netherlands, which also drew attention to the case at the UN.

The Dutch embassy in Iran compiles a weekly human rights review, which it shares with its partners. Within the limited realm of possibilities, several projects are being financed from the Human Rights Fund. The changing political environment may eventually create scope for coordinated initiatives with other EU member states, such as a meaningful human rights dialogue with the authorities. In December 2013, at a meeting in The Hague, the Minister of Foreign Affairs discussed the human rights situation with deputy foreign minister Abbas Araghchi. In that same month a delegation from the European Parliament focused extensively on the human rights situation.

• Iraq: Although government institutions in Iraq have played a more active role in protecting human rights, the situation remains fragile. The right to life is under threat, as the number of deaths resulting from political violence is rising (to over 8,000 in 2013) and an alarming number of executions are carried out. The rule of law was also undermined further, mainly by counterterrorism efforts. Freedom of religion and belief, the rights of minorities and freedom of expression were already under pressure in this society of deep sectarian and political divisions, but 2013 saw another increase in sectarianism and a further deterioration in the position of religious and other minorities. The law still does not grant equal rights to women or LGBT people.

The EU delegation is very active and plays a leading role in raising human rights issues. It

77 For a full report (in Dutch) see: http://bit.ly/1bwqBZ7 Human Rights Report 2013

also takes the lead in issuing public statements. During visits by members of the Dutch government, attention focused on the human rights situation in Iraq. The Minister of Foreign Affairs undertook to redouble his efforts to strengthen the rule of law and the position of women, LGBT people and religious and other minorities. The embassy funded projects addressing these last two issues from the Human Rights Fund. The visit to the Netherlands by the Iraqi parliament’s human rights committee in 2013 illustrated how the Netherlands can serve as an example to other countries.

• Israel and the Palestinian Territories: The Israeli-Palestinian conflict continued to be decisive for the human rights situation in Israel and the Palestinian Territories. The Netherlands is concerned at the human rights violations intrinsically linked to the conflict. They include the demolition of Palestinian homes in East Jerusalem and on the West Bank, the treatment of Palestinian minors in Israeli detention, violence against Palestinians by settlers, and rocket attacks on Israel.

In one positive development, Israel resumed its cooperation with OHCHR in 2013 and participated in the UPR. The hardening of public opinion in Israel against both legal and illegal African migrants remains a cause for concern. Over the past year, several pieces of legislation have been proposed that would curb the freedom of critical non-profit organisations. The rights of the Arab minority in Israel also came under further pressure, particularly as a result of the Prawer Plan, which involves relocating tens of thousands of Bedouins in the Negev desert.

Human rights issues were raised during visits by several members of the Dutch govern- | 61 | ment and high-level official delegations, including the Minister of Foreign Affairs and the Human Rights Ambassador. Particular attention was drawn to the treatment of Palestinian minors detained by the Israeli authorities. The Netherlands also raised this issue, as well as the rights of the Bedouin population, during Israel’s UPR. On several occasions the EU expressed its concerns about settlement policy and other issues, largely through High Representative Ashton. Over the past year the embassy worked to improve the position of the Arab minority and African refugees in Israel, and funded projects promoting cooperation between Palestinians and Israelis, including one project run by the Peres Center.

The Palestinian action plan for human rights was launched in 2013. The Palestinian president announced that steps would be taken to comply with international standards for conditions in detention facilities and Red Cross access to prisons. Other than this, there were few significant improvements. Torture, the treatment of prisoners, and the arbitrary arrest of political opponents all remain matters of concern, as do freedom of assembly and press freedom. Violence against women is a growing problem in the Palestinian Territories, particularly the rise in the number of honour killings. The Palestinian Authority has established a committee for the implementation of UN Security Council Resolution 1325. Finally, the death penalty is still carried out in Gaza.

In 2013 the Dutch Prime Minister, Minister of Foreign Affairs and Human Rights Ambassador, among others, discussed the state of human rights with representatives of the Palestinian authorities. They drew particular attention to issues like corruption, incitement to hatred, freedom of expression and security and the rule of law. The EU also focused a great deal of attention on human rights in its public statements. The Netherlands is part of a human rights donor consortium, which jointly funds Israeli and Palestinian human rights organisations working in the Palestinian Territories. The Netherlands also supports the International Commission for Human Rights, which monitors compliance with national and international human rights obligations by the Palestinian Authority in Gaza and the West Bank. Human rights developments and Dutch efforts by region

• Jordan: Developments in human rights in Jordan have been mixed, and there has been little progress. The call for reform has barely led to any concrete results. The number of political activists arrested has risen, and internet freedom has been restricted. On the other hand, however, in cases where Jordanian women are married to foreign nationals, the Jordanian government has granted more civil rights to their husbands and children, giving them access to public services on an equal footing with Jordanians. Despite the turbulence in the region resulting from the situation in Syria, Jordan has managed to remain relatively stable.

The embassy in Jordan used resources from the Human Rights Fund to support projects on freedom of expression, media and internet freedom, and women’s and children’s rights.

• Lebanon: The huge influx of refugees into Lebanon from Syria (one million, equivalent to 25% of Lebanon’s population) has had a destabilising effect. All attention is currently focused on the humanitarian situation of the refugees and their impoverished Lebanese host families. The general human rights situation in the country is mixed. On balance, there has been little progress.

Over the past year the human rights situation in Lebanon was raised during several visits by EU representatives. The Dutch Minister for Foreign Trade and Development Cooperation visited the country twice in connection with the Syrian refugee crisis. Besides actively supporting the UN human rights programme, the Netherlands also made efforts to safeguard freedom of religion, freedom of expression and internet freedom, | 62 | and equal rights for women and refugees, inter alia using resources from the Human Rights Fund.

• Libya: The human rights situation in Libya did not improve in 2013. Although the government acknowledges the problems and is attempting to bring about positive changes, in practice it is unable to do so. The human rights problems in the country are mainly connected with lack of security, the weak rule of law, the poor position of immigrants and refugees, and the position of women and LGBT people.

The human rights situation is regularly discussed with the Libyan government, both bilaterally and through the EU. It was discussed at length during the visit by the Dutch Minister of Foreign Affairs in June 2013. Dutch efforts over the past year focused largely on equal rights for women, participation, media freedom and transitional justice. The Netherlands is still working with the Libyan Ministry of Justice to strengthen the rule of law in Libya by training prison guards and court staff.

• Morocco: The human rights situation in Morocco has improved in recent years. The new constitution of July 2011 provides a firmer basis for fundamental rights, and has introduced more checks and balances between the legislature, executive and judiciary. Human rights organisations also have more freedom to operate openly. However, there have been reports of growing self-censorship in the press as a result of the threat of prosecution (for slander, among other things). There was a notorious arrest and prosecution in 2013 of journalist Ali Anouzla, as a result of which the critical news website Lakome stopped publishing articles. Impunity is also seen as a continued human rights problem.

Human rights are on the agenda during all political visits by EU representatives and constitute an integral part of the structured EU-Morocco dialogue. Dutch efforts in 2013, pursued partly through the Human Rights Fund, focused mainly on press freedom, equal rights for women, violence against women and LGBT rights.

• Syria: The appalling conflict in Syria worsened in 2013. The regime is guilty of brutality against its own people, plumbing new depths in August 2013 with the use of chemical Human Rights Report 2013

weapons in the suburbs of Damascus.78 It uses inhumane tactics, including starvation as a means of coercion, and is regarded as responsible for many disappearances and cases of torture. The country’s prisons are populated largely by women and children who are held in appalling conditions. The number of warring parties in the countries has increased, and various armed groups (some of them extremist) are held responsible for excessive violence against civilians, kidnappings and summary executions. After three years of conflict human rights are being violated on a vast scale, by a range of parties. These crimes must not go unpunished.

To re-establish the rule of law and offer victims of these terrible crimes some form of redress, there must be accountability and transitional justice. The Netherlands is focusing foremost on persuading the UN Security Council to refer the situation in Syria to the International Criminal Court. The Netherlands also regards it as important that, in preparation for possible prosecutions, sufficient information is made available about human rights violations, crimes against humanity and war crimes in Syria. It therefore supports a number of organisations, including the Syria Justice and Accountability Centre in The Hague and the Violations Documentation Center in Syria, which investigate and document human rights violations. The Netherlands has also persistently called for the UN Commission of Inquiry to be admitted to Syria.

Besides campaigning for accountability, the Netherlands funds various projects on religious tolerance and internet freedom, including providing training for journalists and bloggers and assistance for local news agencies. The budget of Special Envoy Marcel Kurpershoek has also been used for small projects in support of the independent media, | 63 | in order to promote freedom of expression and transparency about the abuses.

The Netherlands also focused in 2013 on strengthening the position of Syrian women, in particular by promoting an active and meaningful role for women in the peace process. A number of meetings were organised for this purpose in 2013 in Geneva and New York, and the Netherlands worked closely with UN Women to strengthen existing Syrian women’s organisations and activists and to help them make themselves heard (see also section 2.3).

• Tunisia: Modest progress has been made in Tunisia in recent years, thanks to the new freedoms in the country, culminating in the adoption of a new Constitution in early 2014. There is increased freedom of expression and suspected human rights violations are being exposed thanks to greater press freedom. Tunisia plays a leading role in the region in promoting internet freedom.

The Dutch Minister of Foreign Affairs visited Tunisia in 2013 in connection with the Freedom Online conference. In talks with his Tunisian counterpart and the prime minister, he raised the human rights situation in general as well as several individual cases. As a result of the socioeconomic situation, politicians are less concerned about compliance with universal human rights. Although some human rights organisations say that the number of cases of torture has not decreased, the practice is being openly discussed, opening the way for better documentation. More journalists were arrested in 2013. Artists, women and minorities felt threatened by the rise of fundamentalist religious groups.

The EU regularly held high-level talks on human rights with Tunisia. The Human Rights Fund was used in Tunisia mainly in support of projects focusing on freedom of expression, protection of journalists, democratisation and equal rights for women. The embassy in Tunis was also actively involved in CSR initiatives.

78 The regime is almost certainly responsible for the use of chemical weapons in Damascus; see also the letter to parliament on the situation in Syria of 18 September 2013 Human rights developments and Dutch efforts by region

• Yemen: The human rights situation in Yemen remains poor because of the worsening security situation (kidnappings, murders), gender-related violence and impunity. The government has however shown the will to make improvements. Human rights featured at the National Dialogue Conference, which also adopted recommendations on the minimum age for marriage (18) and on transitional justice. The government has adopted a law creating an independent national human rights institute and has decided to accede to the Rome Statute.

Over the past year High Representative Ashton regularly made statements on matters such as child marriage and the imposition and execution of the death penalty on offenders who were minors at the time of the offence. The Netherlands supports the Ministry of Human Rights in implementing the recommendations of the UN High Commissioner for Human Rights. It also provides resources from the Human Rights Fund in support of freedom of expression and equal rights for women. 4.2 Asia

The human rights situation in Asia varied strongly from country to country in 2013. Rapid economic growth brought progress in many countries, but it also had a clear downside, for instance in the form of widespread environmental pollution, exploitation of workers, unsafe working conditions, evictions and land expropriation, and the exclusion of minorities from economic benefits. There was a growing focus on social and economic rights, which people claimed by exercising their political and civil rights. At the same time, | 64 | there is a trend towards government restrictions on social and political freedoms, through stricter curbs on NGOs, internet freedom and the freedom of association and assembly. Censorship and the intimidation and arrest of bloggers, journalists and human rights defenders continued. Violence against women and religious minorities also remains a major problem in this part of the world.

• Association of Southeast Asian Nations (ASEAN): In 2013 the ASEAN Intergovernmental Commission on Human Rights (AICHR) held a range of meetings, including a human rights dialogue with the Indonesian government and a meeting with the EU Special Representative for Human Rights, Stavros Lambrinidis. The AICHR also organised a number of regional workshops on the link between the post-2015 Millennium Development Goals and human rights, on corporate social responsibility and on equal rights for women. In addition, it launched a number of initiatives to raise public awareness of the ASEAN Human Rights Declaration adopted in 2012.

• Afghanistan: Human rights are formally enshrined in the Afghan constitution and there has been significant progress in some areas in the past few decades, for instance in access to education. However, the situation remains worrying in many respects. The implementation of the law on the elimination of violence against women (EVAW) is behind schedule. Afghan civil society organisations are particularly concerned about the possible implications for human rights, especially women’s rights, of the departure of foreign troops at the end of 2014. They are also worried at the government’s lack of interest in transitional justice.

The Dutch embassy in Kabul supported a large and diverse range of human rights projects in 2013. For instance, the organisation Cooperation for Peace and Unity (CPAU) worked with the informal criminal justice sector in Kunduz on peacebuilding at local level, by mediating in conflicts. The embassy also funded and supported the work of the Afghan Independent Human Rights Commission (AIHRC), which plays an important role in human rights in the country. It is critical of human rights violations and acts as a watchdog for the government. Other organisations funded by the embassy include the UN Women EVAW Special Fund, the Afghan NGO Equality for Peace and Democracy (EPD) and the Asia Foundation. Human Rights Report 2013

The embassy also contributed to the human rights week organised by several embassies and cultural organisations in Kabul. During this week, experts from the French-based International Institute of Human Rights provided training, debates were held on various human rights issues and cultural activities took place.

A great deal of attention was focused on human rights, particularly equal rights for women, during the Minister for Foreign Trade and Development Cooperation’s visit to Afghanistan in March 2013. Of the remaining funds under the rule of law programme for Kunduz, €1.5 million was reserved for women’s rights, to be used to fund a law faculty that will enable more women to work in the criminal justice system. Efforts were made to increase legal assistance for women and build the capacity of women’s organisations.

• Bangladesh: The human rights situation in Bangladesh has deteriorated, due mainly to restrictions on political and social freedoms. The result of the elections on 5 January, in which the incumbent regime was ‘re-elected’ without opposition, will further damage respect for human rights and further restrict civil society space. This became clear in the run-up to the elections, and the further polarisation of society caused by the political power games is likely to cast a long shadow. Several EU statements issued in 2013 - and supported by the Netherlands - called for a reduction in violence, respect for human rights and democratic principles, and constructive dialogue between government and opposition. The Netherlands also called for these things during bilateral discussions.

The Minister for Foreign Trade and Development Cooperation focused her efforts on good working conditions and the protection of workers’ rights in the textile industry. The | 65 | EU issued several statements against the death penalty. The Netherlands used resources from the Human Rights Fund to promote the protection of LGBT people and human rights defenders, the elimination of violence against women and girls, and improvements in working conditions in the textile industry (through the ILO).

• Burma: There were positive developments in the human rights situation in Burma in 2013. Freedom of the press increased, several hundred political prisoners were released, the army announced it would stop recruiting child soldiers and a number of repressive laws were amended. However, the situation remains far from satisfactory. The growing number of activists imprisoned and government expropriation of land from private citizens in the year under review give cause for concern. The position of the Rohingya minority in Rakhine State remained precarious.

The Netherlands funded projects in 2013 for the rehabilitation of former political prisoners and their families, and to combat forced labour and child labour. It also helped establish an institute for business and human rights in Burma. At the Human Rights Council and during the UN General Assembly the Netherlands called for balanced resolutions which, besides highlighting the progress achieved, also continue to draw attention to existing concerns.

The Netherlands lobbied successfully within the EU for an EU-Burma human rights dialogue and for considerable attention for democracy and human rights in the new Comprehensive Framework for relations between the EU and Burma. The Minister for Foreign Trade and Development Cooperation visited Burma on 17 and 18 November 2013 and met with NGOs, journalists and human rights activists to discuss political developments in the run-up to elections in 2015.

• China: A number of developments strengthened the rule of law in China in 2013. The system of ‘re-education through labour’ was abolished, and the government announced its intention to make the court system fairer and more impartial. Whether these measures will prove successful in practice remains to be seen. At the same time, however, there are Human rights developments and Dutch efforts by region

continuing concerns about the treatment of human rights defenders, freedom of expression and the cultural and religious freedoms of ethnic minorities.

In 2013, partly through the EU, the Dutch embassy campaigned for access to the trials of human rights defenders such as Liu Hui, brother-in-law of Nobel laureate Liu Xiaobo. The Netherlands also supported a project to train 240 lawyers in international human rights legislation and assist them in pursuing 24 public interest cases. Several projects focused on the major role that the internet and social media can play in disseminating information and increasing transparency. Social media were used to campaign against arbitrary detention and to publicise cases of discrimination against LGBT people.

The Human Rights Ambassador visited China in December 2013 to resume bilateral human rights consultations. This was the first time consultations had been held since 2009. At his formal meetings the ambassador expressed the Netherlands’ concerns about freedom of religion, the rule of law, freedom of expression, the position of human rights defenders, and minorities in Tibet and Xinjiang. Besides government representatives, the Human Rights Ambassador also met human rights defenders, academics, artists and NGOs. He invited staff from the Chinese foreign ministry to the Netherlands for the next round of consultations.

Human rights were also raised during visits to China by the Minister of Health, Welfare and Sport, the Minister of Foreign Affairs, the Minister for Foreign Trade and Development Cooperation and the Prime Minister. | 66 | The EU-China human rights dialogue took place in Guiyang in June, and in September EU Special Representative for Human Rights Stavros Lambrinidis paid a successful visit to China (and Tibet). High Representative Ashton issued public statements on the cases of several human rights defenders, including Xu Zhiyong and Cao Shunli. The Netherlands joined with a number of like-minded EU member states in 2013 in systematically lobbying for respect for universal human rights to be officially identified as one of the pillars of EU policy on China. Human Rights Report 2013

Laogai products from China The term ‘Laogai’ refers to the general prison system in China. ‘Laogai products’ are products manufactured in these prisons. Chinese law bans the export of these products, but there is no comprehensive monitoring of the supply chain. Many of the items in question are semi-finished products, so it is difficult to tell at the end of the production process where products made under the system of forced labour have been used. Given the difficulties in identifying and tracing Laogai products, the scale of this type of production is unknown. The customs authorities still have no workable formula for identifying such goods. US legislation drafted on the basis of the Traffic Act (1930) has proved impossible to apply in practice. Reports by the US Bureau of International Labor (ILAB) containing country profiles and extensive literature reviews are used in the US only as an indicator of risk. The Dutch government refers companies to America’s list via the CSR Risk Checker and the OECD Guidelines navigator site.

The European Commission’s Directorate-General for Trade has established an expert working group, known as an inter-service coordination group (ISCG), which is currently analysing restrictions imposed on goods made in forced labour camps. It will then draft policy proposals. The EU regularly expresses its concerns about the Laogai camps, as it did during the EU-China human rights dialogue in May 2012, and has repeatedly urged China – on behalf of the Netherlands and other member states – to bring its national legislation into line with international human rights agreements. These EU efforts are in line with the motion tabled in the House of Representatives by MP Joël Voordewind on 12 November 2011. | 67 |

During a meeting with the Permanent Parliamentary Committee on Foreign Affairs concerning the Netherlands’ China policy on 9 April 2013, the Minister for Foreign Trade and Development Cooperation undertook to incorporate in the CSR Toolkit a reference to the need for supply chain analysis in connection with the possible use of components made by forced labour, as in the Laogai camps.

• India: The gang rape of a woman in India on 15 December 2012 dominated the national and international press in early 2013. The Verma Commission established in response produced a report proposing bills to protect women from rape. This led to amendments to a range of criminal law provisions, known as the Criminal Law (Amendment) Act 2013. In December, India made world headlines with the decision by its Supreme Court to reinstate article 377 of the Criminal Code (‘criminalising sexual activities against the order of nature’), which was a blow to LGBT people in the country. An NGO submitted a review petition against the decision, which was declared inadmissible by the Supreme Court.

The EU is working closely with the member states, including the Netherlands, to focus on human rights in its India strategy, for instance by making public statements in response to the execution of Ajmal Kasab and Afzal Guru (for attacks in India) in February 2013, and on the rights of LGBT people. Furthermore, an EU-India human rights dialogue resumed in 2013 after many years. The Netherlands used its Human Rights Fund to support projects for human rights defenders, women’s rights, freedom of religion and belief, and to eliminate discrimination against minorities. In January 2013 the Minister of Foreign Affairs presented the Human Rights Tulip in absentia to the Indian Dalit activist Marimuthu Bharthan.

• Indonesia: The government of Indonesia took several constructive steps in 2013. It invited the UN Special Rapporteur on Adequate Housing to visit the country, and initiated the ratification procedure for the UN International Convention for the Protections of All Human rights developments and Dutch efforts by region

Persons from Enforced Disappearance, although the Indonesian parliament has yet to approve it. There is however concern over the lifting of the de facto moratorium on the death penalty in 2013, as evidenced by five executions for drug offences.

The Netherlands supported EU démarches in response to the executions. The Indonesian government was also criticised for the new law on mass organisations (‘Ormas’), which provides for greater government control over NGOs and religious organisations. The Netherlands supports initiatives in Indonesia designed to promote religious tolerance and improve protection of human rights defenders. These subjects were also raised in the human rights dialogue between Indonesia and the EU in November.

The Netherlands uses the FLOW fund to finance projects run by several organisations campaigning for women’s rights. The Netherlands promotes SRHR through the Unite for Body Rights programme, which is run by Dutch organisations in collaboration with local NGOs. The Dutch Key Populations Fund and the Choices and Opportunities Fund (international NGOs) also work for HIV/AIDS harm reduction in Indonesia. Due to discrimination and gender inequality, ‘key populations’ (including gay men and drug users) still do not have universal access to HIV prevention programmes, treatment, care and support. By increasing their access to such services, HIV transmission can be halted, thus improving the health and human rights of these groups.

The Dutch Minister of Foreign Affairs visited Indonesia in February 2013. He had constructive talks with his Indonesian counterpart Marty Natalegawa, discussing the human rights | 68 | situation in the country, particularly the position of minorities.

The embassy supports a peace education programme via local institutions in the Moluccas. The programme trains teachers to teach their students the value of peace, dialogue and tolerance, in order to foster greater mutual understanding between the Muslim and Christian communities. In 2013, 50 teachers from 25 schools received training. A peace festival was attended by 100 teachers and 587 students. In Sampang (Java) the embassy worked with local partners to help the Shi’ite community organise small-scale activities to provide women with access to information on rights and administrative procedures. Humanitarian assistance was also provided when this minority community was forced to relocate under pressure from the Sunni majority.

• North Korea: Although it is difficult to make a precise assessment because of very limited access and information, the human rights situation in North Korea clearly remains poor. The Netherlands therefore campaigned strongly for the UN Human Rights Council to establish a Commission of Inquiry (CoI) in March 2013. The Commission presented its findings on 17 February 2014, describing in detail systematic, widespread and severe human rights violations in North Korea, many of which it said would constitute crimes against humanity. As explained in more detail in the letter to the House of Respresentatives of 27 February 2014, the Netherlands is pressing within the EU for a strong response from the Human Rights Council and the international community to the findings of the Commission.

• Pakistan: Violence against minorities increased in Pakistan in 2013, with major attacks on Shi’ite targets and on a church constituting the low points of the year. A new prime minister, president, army chief-of-staff and president of the Supreme Court took office in 2013. It is still too early to say what impact this will have on human rights. The government is however aware that admission to the EU’s ‘Generalised System of Preferences Plus’ entails certain human rights obligations. No human rights dialogue was held with the EU in 2013, despite calls from the Netherlands and other member states.

The Dutch Human Rights Ambassador did however visit Pakistan in March 2013. He spoke Human Rights Report 2013

with representatives of the government (including the human rights minister and the presidential advisor on Religious Minorities), MPs, human rights defenders, the UN and the EU. The visit focused on freedom of religion and belief, women’s rights, freedom of expression and human rights defenders. The 2013 Human Rights Tulip was awarded to the Pakistani NGO Aahung. The Dutch embassy in Islamabad funds human rights projects on issues such as women’s rights and religious minorities in Pakistan, through bodies like the Asia Foundation and HomeNet Pakistan.

4.3 Sub-Sahara Africa

The human rights situation in many countries in Africa remains worrying. Over the past year, internal and regional conflicts again led to violence, serious human rights violations, impunity and flows of refugees. The rights and safety of LGBT people came under severe pressure in several countries. However, in some countries there are signs of cautious attempts to strengthen the rule of law, combined with a desire to combat impunity. Elections at various levels in 2013 opened the way for some discussion of democratisation and human rights. Social media also provided a platform for discussion of sensitive issues like LGBT equality and women’s rights. Nevertheless, human rights defenders, journalists, NGOs and political opponents were regularly obstructed in their work by legislation, intimidation, extrajudicial arrests and detention. Women’s rights, violence against women, female genital mutilation and freedom of religion and belief remain important focuses of attention, alongside press freedom and freedom of expression. The criminalisation of homosexuality in several countries is a worrying development. | 69 |

 10 December 2013 (Human Rights Day) in Abuja, Nigeria. The Netherlands supports the Nigerian National Human Rights Commission to strengthen the protection of human rights in the country.

• African Union (AU): On 11 and 12 October 2013 the AU held an extraordinary summit on relations between Africa and the International Criminal Court (ICC). The summit was a follow-up to earlier AU resolutions which found that the ICC focuses excessively on cases in Africa and is used too much as a political instrument (by the West). A number of African countries appear to be disengaging from the ICC. The Netherlands worked actively to address the States Parties’ concerns, and keep them committed to the Court. The AU summit did decide to expand the mandate of the African Court on Human and People’s Rights, to allow it to try cases of genocide, war crimes and crimes against humanity.

The AU’s Peace and Security Council held two open sessions on the subject of women and children in conflict situations on 26 March and 4 December 2013. At both sessions, the EU delegation underlined the need for full implementation of UN Security Council Resolutions 1325 (on women and peace and security) and 1261 (on children in armed Human rights developments and Dutch efforts by region

conflict). On 20 November 2013 the 20th EU-AU human rights dialogue took place. The universality of human rights was discussed, and the delegates considered economic and social rights.

The Netherlands is funding the start-up phase of the African Union Human Rights Memorial project, which aims to draw lasting attention to a number of severe human rights violations that occurred in Africa in the past. The goal is to improve the human rights culture in Africa by organising events, providing access to information and setting up a broad African human rights network. Wide-ranging meetings held in 2013 included one in Rwanda on the genocide and one in Ethiopia on the atrocities committed by the Dergue regime during the ‘Red Terror’.

• Burundi: The human rights situation in Burundi remains delicate. Political freedoms came under particular pressure in 2013. In the run-up to the elections (scheduled for mid-2015), all political parties and their affiliated youth movements have stepped up their activities. The dominant governing party CNDD-FDD’s ‘Imbonerakure’, in particular, has adopted tactics aimed at intimidating the population. Reports of violence by this group have come from all over the country. The government proposed a number of pieces of legislation that would restrict political freedoms: laws on the media (adopted in June 2013), on NGOs and on public assembly. On several occasions the government took action against the leaders of opposition parties and human rights defenders, restricting their freedom of movement and bringing charges against them. Social acceptance of homosexuality and official access to the public domain for LGBT groups still leave much to be | 70 | desired.

The Netherlands supported human rights training for all members of the Burundi National Police as part of the Security Sector Development (SSD) programme. In November 2012 the Netherlands suspended part of the SSD programme as a sanction in response to four specific cases of extrajudicial executions involving the police. The Minister for Foreign Trade and Development Cooperation reaffirmed the sanction during her visit in February 2013, pending improvements in internal controls and in the follow-up to abuses of this kind by the police and military personnel. Courts handed down judgments in three of the four cases in 2013. The issue was discussed at length during the political dialogue and at progress meetings on the SSD programme.

• Democratic Republic of the Congo (DRC): The human rights situation in the DRC deteriorated over the past year. Although human rights defenders are receiving fewer threats, press freedom is subject to growing restrictions and political freedom has also been curbed. Rebels and soldiers in the east of the country are perpetrating large-scale human rights violations, to which displaced persons and refugees are particularly vulnerable.

The Minister for Foreign Trade and Development Cooperation telephoned the Congolese prime minister last summer to discuss the rapes occurring in displaced persons camps around Goma. During her visit to the DRC in February 2013 she focused on women’s rights and on efforts to eradicate sexual violence. She spoke with women’s leaders, displaced women who had fallen victim to rape and human rights defenders who had received threats. A Dutch project for alternative fuels and better ovens in displaced persons camps near Goma has reduced the need for women to go out and gather firewood, giving them the opportunity to earn their own income and making them less vulnerable to sexual or other violence.

The Netherlands also funded the UN Stabilization Mission (MONUSCO) profiling project, which carefully monitors Congolese officers and soldiers suspected of war crimes and Human Rights Report 2013

crimes against humanity. This allows MONUSCO to terminate support to these individuals and their units. It also provides a rich source of information for the International Criminal Court. The Netherlands also supported human rights training for police units.

The EU embassies acted jointly to monitor human rights defenders under threat. The Netherlands used resources from its Human Rights Fund to support the Protection Desk in Bukavu, which helps human rights defenders carry out their work safely. Various NGOs working to enhance press freedom, foster women’s participation and combat sexual violence also received Dutch help. In response to a critical report from the European Court of Auditors published in the autumn of 2013, the Netherlands pressed for a more robust political dialogue with the authorities in Congo, urging the EU to make more overt use of the conditions associated with the support it provides as a means of exerting pressure. These conditions concern good governance, including matters such as respect for human rights.

• Ethiopia drafted a National Action Plan on Human Rights that was adopted in 2013. The plan focuses not only on human rights but also on socioeconomic development, an area where Ethiopia is making progress. The Ethiopian constitution provides for the protection of human rights and the country has established a human rights commission. However, implementation and compliance have fallen short in some respects. For example, in 2013 anti-terrorism legislation was used on several occasions as a pretext for arresting and prosecuting journalists and political opponents. Furthermore, under restrictive rules that continue to be enforced, Ethiopian human rights NGOs are not allowed to obtain more than 10% of their funding from foreign sources. Human Rights | 71 | Watch reports on the mistreatment of suspects in Ethiopian detention centres are alarming. However, on a more positive note, the Ethiopian authorities and the International Committee of the Red Cross (ICRC) have reached an agreement that will allow the ICRC to visit prisons. The local elections in April 2013 were peaceful, though not very democratic because of the boycott by opposition parties.

During her visit to Ethiopia in February 2013 the Minister for Foreign Trade and Development Cooperation raised human rights and democratisation issues at meetings with the authorities. She also spoke with representatives of civil society and human rights organisations. The European Parliament’s Subcommittee on Human Rights visited Ethiopia in July 2013. Subjects such as political freedom, restrictions on press freedom, religious tolerance, and prison conditions were discussed in the political dialogue between the EU and Ethiopia during the year under review. The Dutch embassy funded several projects designed to strengthen the rule of law and the criminal justice system and to provide better legal protection for human rights.

• Gambia: The situation in Gambia gives cause for concern. Arbitrary arrests of journalists and members of the opposition for treason are a regular occurrence. There is no fair and independent legal process. Since July 2013, furthermore, the media in Gambia has had to comply with stringent laws. President Jammeh made several radical public statements against homosexuality (including at the UN General Assembly in September 2013). The political Article 8 dialogue with the EU is proceeding with great difficulty. 79

The Netherlands is campaigning in the EU for the human rights clause in the dialogue to be given more teeth: if the Gambian government fails to make efforts to improve human rights, this should have implications for the development assistance that Gambia receives from the EU.

• Kenya: The main human rights developments in Kenya in 2013 were the unfolding ICC

79 This refers to article 8 of the Cotonou Agreement, the basis for the European Development Fund. See http://bit.ly/LZm8az Human rights developments and Dutch efforts by region

cases, the elections in March 2013, and a tendency towards restrictions on freedom. In 2013 Kenya adopted an Information and Communications Act tightening the government’s control of the media. Several journalists were subjected to harassment, threats and arrest. Human rights defenders came under further pressure, and protests were sometimes broken up by force. There were also many reports of extrajudicial executions by the police in 2013. Women and girls in Kenya still faced the major problems of child marriage, female genital mutilation and arrests for abortion – despite the fact that medical abortion is now legal. A bill that would restrict the freedom of NGOs and reduce their funding from foreign sources to a maximum of 15% was narrowly rejected by parliament, and a government plan that would have forced refugees living in cities to relocate in camps was quashed by the High Court.

The Minister for Foreign Trade and Development Cooperation visited Kenya in October 2013. She had meetings with human rights defenders and experts, discussing specific issues like the human rights climate in the country, women’s rights, LGBT rights and SRHR. The Dutch embassy regularly tabled human rights issues within the EU in 2013. It also organised meetings and liaised between the diplomatic community and civil society. The Netherlands campaigned for the protection of human rights defenders, who are under pressure in Kenya.

The embassy also used the Human Rights Fund to support projects related to women’s rights, victims of violence, LGBT people and the use of new media to promote human rights. The Dutch ambassador spoke about human rights at the opening of a live TV | 72 | debate on 10 December, and also attended a Serious Request fundraising event in Nairobi run by Kenya’s Ghetto FM radio station and the Dutch station FUN X.

• Mali: There were many human rights violations in Mali in 2012, particularly during and immediately after the occupation of the north of the country by rebels and jihadists. The international intervention in January 2013 greatly improved the situation, but violence is continuing among armed groups and between armed groups and the Malian army, causing civilian casualties and in some cases deaths. Summary executions, unlawful arrest and violence against women give particular cause for concern.

The Dutch embassy supports a number of organisations, such as Deme So, which catalogue human rights violations in order to bring them to court. It also funds initiatives in support of women’s rights and women’s participation, LGBT rights and the elimination of sexual violence (through UN Women), for example by providing training for the Malian security services. The Netherlands helped organise the national elections, providing a significant proportion of the funding for election observers from Malian civil society. The observers played a key role in ensuring the election went relatively smoothly. The embassy also funds research into the criminal justice system, and is helping to restore the rule of law infrastructure in the north of the country.

The Netherlands pressed successfully within the EU for tightening up the political conditions for EU stabilisation support for Mali. From 2014, furthermore, the Netherlands will provide an essential contribution to the UN’s MINUSMA stabilisation mission, whose mandate expressly includes the protection and promotion of human rights. It will fulfil this mandate by supporting the government and gathering information on violations.

• Mozambique has been praised for making improvements to its human rights legislation in recent years, which have included the signing and ratification of several international conventions. Their practical implementation remains a challenge, however.

The Dutch embassy supported a network that has prepared a bill to decriminalise abortion and homosexuality. The bill has been introduced in Mozambique’s parliament. Human Rights Report 2013

The embassy also provided funding for LAMBDA, a leading organisation that campaigns for minority rights, particularly those of LGBT people. The Centre of Women’s Associations of Zambezia (NAFEZA) opened a safe house for women and girls that was partly funded by the Netherlands. As a result, an estimated half a million women and girls have been reached as part of a programme to prevent violence against women. The Dutch ambassador participated in a visit by EU ambassadors to two prisons in Mozambique in order to ascertain how the country is complying with the Optional Protocol to the UN Convention Against Torture (OPCAT).

• Nigeria: The human rights situation in Nigeria remains alarming. A large number of people, including civilians, have fallen victim to terrorist attacks by Boko Haram (and associated groups) in the northeast of the country. The security services and army are suspected of using excessive force and allowing detainees to languish in terrible conditions in secret detention facilities. Media freedom, the relative peace in the Niger Delta and the independence of the National Human Rights Commission do give some cause for hope. However, equal rights for LGBT are almost inconceivable, and recently a new law was adopted criminalising homosexual activity, including gay marriage and abetting gay marriage.

High Representative Ashton condemned the adoption of the Same Sex Marriage (Prohibition) Act and the executions in June 2013 that marked an end to the de facto moratorium on the death penalty that had existed since 2006. The Dutch embassy was involved in the EU dialogue with the Nigerian authorities on human rights violations and the promotion of equal rights for LGBT people. It also funded several activities in support | 73 | of freedom of religion and belief, freedom of the press, equal rights for women and LGBT. The Dutch police worked with the National Agency for the Prohibition of Traffic in Persons on efforts to combat human trafficking. At the UN General Assembly the Dutch Minister of Foreign Affairs and his Nigerian counterpart organised a side event on Responsibility to Protect, focusing on preventing human rights violations.

• Rwanda: Human rights remain a cause for concern in Rwanda. Political freedoms and freedom of expression are restricted, though some progress was made on press freedom in 2013 with the adoption of four progressive new media laws by the Rwandan parliament.

The Netherlands supports a media reform project run by the Institute for War and Peace Reporting designed to ensure the new laws take root in society. The Dutch embassy in Kigali also helped found the Human Rights Defenders Focal Point, a platform where diplomats and Rwandan human rights defenders can meet. The embassy funds projects on violence against women, legal aid, land rights, reconciliation and peacebuilding following the 1994 genocide, the demobilisation and reintegration of rebels, and the prosecution and trial of fugitive genocide suspects. At EU level, the Netherlands took part in various consultations on human rights issues with the Rwandan authorities.

• Senegal: The Netherlands supported the LGBT community in Senegal in several ways: by showing a film and hosting a debate on 17 May (IDAHO), by providing free AIDS tests on World Aids Day (30% were found to be HIV-positive), and by paying lawyers defending five young lesbian women being prosecuted for homosexual acts (they were acquitted thanks to their lawyers’ efforts).Various NGOs lobbying for LGBT rights also received Dutch funding for their courageous work. A group of Senegalese bloggers, Dutch and Senegalese professors and 60 Senegalese students helped draw attention to the importance of the International Criminal Court.

The film Tall as the Baobab Tree was shown at 30 locations in Senegal, in conjunction with the company MobiCINE, in an effort to prompt discussion of the issue of child Human rights developments and Dutch efforts by region

marriage. Local radio stations received support in their efforts to promote media diversity and to give people living in remote areas a voice. The Dutch embassy also helped street children by providing financial support to a number of shelters and by organising creative leisure activities for children (including a hip-hop workshop with a Dutch rapper). The Netherlands also runs a number of small projects to help reintegrate former prisoners after their release.

• Somalia: The human rights situation in Somalia remains poor. The Somali government plans to introduce a human rights roadmap, taskforce and commission, but the practical implementation of these plans remains a major challenge. Victims of human rights violations shun publicity. Reports of rape by men in uniform increased in 2013. A lack of investigation and an almost moribund legal system allow de facto impunity and arbitrary justice to prevail. The government also has little control over the regions outside the capital Mogadishu. Serious human rights violations, including corporal punishment, occur in regions controlled by al Shabaab. Strict regulation by al Shabaab, including a recently introduced ban on the internet, has also restricted many aspects of public life.

The Dutch embassy in Nairobi engages actively in international human rights consultations with the Somali authorities, the EU and the wider donor community. During her trip to Somalia in October 2013 the Minister for Foreign Trade and Development Cooperation had talks with civil society, addressing subjects such as human rights. The Netherlands supports Free Press Unlimited’s campaign for press freedom, and the Association of European Parliamentarians with Africa’s (AWEPA) efforts to increase the | 74 | capacity of the Somali parliament. The Netherlands’ development cooperation programme focuses on strengthening the rule of law as part of the ‘New Deal for Somalia’.

During a meeting on 22 January 2014 with the Permanent Parliamentary Committee on Foreign Affairs on extending the Dutch contribution to the EU’s Operation Atalanta, NATO’s Operation Ocean Shield and the EU training mission (EUTM) in Somalia, the Minister for Foreign Trade and Development Cooperation promised to investigate reports of the persecution of Christians in Somalia, in response to press reports that in late 2013 the federal government had issued a decree banning the celebration of Christmas. As far as the Dutch government is aware, the outgoing religious affairs minister did issue such a decree, but is said not to have acted on behalf of the government in doing so. Other sources report that the decree did not constitute a ban. The minister concerned lost his job shortly afterwards. The Government has not received any reports of deliberate persecution of Christians by the government in Somalia. However, Christians are at risk of persecution in areas controlled by al Shabaab. The Somali population is almost 100% Muslim; the number of Christians is estimated at only a few hundred.

• South Africa has a strong legal and constitutional framework with an independent judiciary and a range of national institutions to guarantee human rights. In practice, however, police conduct, freedom of information, violence against women, the rights of LGBT people and the treatment of migrants remain issues of concern. On 27 May 2013 EU Special Representative for Human Rights Stavros Lambrinidis conducted the first formal EU human rights dialogue with South Africa. The main subjects discussed were racism, LGBT rights, the post-2015 agenda, human rights and business, and South Africa’s pioneering role in abolishing the death penalty. The annual structured Dialogue Forum on Human Rights was launched as part of the Strategic Partnership at the sixth EU-South Africa summit on 18 July 2013.

The Dutch embassy holds regular talks with the South African authorities, sometimes through the EU, on human rights and on efforts on the African continent in the field of LGBT rights and women’s rights in peace operations. Over the past year the embassy used social media to draw attention to the importance of equal rights for women and LGBT Human Rights Report 2013

people, in response to local events such as National Women’s Day and the 16 Days of Activism Against Gender Violence. The Dutch embassy also used resources from the Human Rights Fund to support the University of Pretoria’s Centre for Human Rights, which teaches promising law students about human rights principles, and the Tshwaranang Legal Advocacy Centre, which provides legal assistance to victims of rape.

• South Sudan: The rule of law remained very weak in South Sudan in 2013 and levels of impunity were high. International humanitarian law was frequently violated in conflict areas like Jonglei state. The UN Mission in South Sudan (UNMISS) identified many violations, but did not have access to all areas. Democratic freedom was under pressure in South Sudan, with anyone who criticised the president, members of the government or army officers running the risk of intimidation at the hands of the security services. In November 2013, four death sentences were carried out in the country’s prisons. The EU was unable to deliver a planned démarche on the matter due to the armed conflict that broke out on 15 December 2013. The conflict spread from Juba to a number of states in South Sudan. Both sides – troops loyal to President Kiir and combatants supporting former Vice-President Machar – committed serious human rights violations in 2013. After visiting South Sudan in January 2014, UN Assistant Secretary-General for Human Rights Ivan Šimonović highlighted reports of mass murder, extrajudicial killings, arbitrary detention, disappearances, sexual violence, widespread destruction of property, and the use of children in the conflict. Eleven political leaders were arrested in mid-December and detained without formal charges.

• Sudan: The human rights situation in Sudan deteriorated further in 2013. Protests in | 75 | September 2013 were brutally suppressed. Civil society organisations, journalists and human rights defenders also faced further restrictions on their work. Arbitrary raids on offices and the confiscation of computers and other property are regular occurrences at the premises of NGOs, including those supported by the Netherlands. Life is made very difficult for Christians, some of whom have been ordered to leave the country from one day to the next.

Human rights and human rights violations were discussed with the Sudanese authorities through the EU. The Netherlands criticised the poor treatment of NGOs, journalists and Christians. High Representative Ashton issued a concerned statement in response to the brutal suppression of the protests. The UN Human Rights Council has an Independent Expert for Sudan who regularly visits the country.

In early 2013 the Dutch embassy conducted a study of freedom of religion and various strands of Islam in Sudan, resulting in a detailed report. This was the first study of its kind. On Human Rights Day 2013 the embassy focused extensively on press freedom in Sudan, with a workshop for 40 journalists and the screening of a film on freedom of expression. The EU monitored several court cases against journalists, women and human rights defenders. The Dutch embassy organised a number of activities for human rights defenders and highlighted human rights issues on its Facebook page.

• Uganda: In 2013 Uganda experienced a negative trend in human rights and freedoms. The level of freedom of expression and association in the country continues to give cause for concern. Restrictions on demonstrations have increased and protests have been violently suppressed by the security services. NGOs and media outlets campaigning on politically sensitive issues have their work hampered. On some occasions, opposition leaders have been arrested to prevent demonstrations. Parliament passed two restrictive pieces of legislation in 2013: the Public Order Management Act, which limits freedom of assembly and association, and the anti-gay law submitted in 2009 and passed by parliament unexpectedly on Christmas Eve.

Human rights developments and Dutch efforts by region

Over the past four years the Netherlands has made it clear to the Ugandan government that the anti-gay law is incompatible with fundamental human rights. In accordance with the wishes of the LGBT community, it did so through quiet diplomacy. The Netherlands joined with other EU member states, Norway, the United States and the LGBT community in urging President Museveni not to sign the bill.

The Netherlands liaised continuously with the LGBT community through the embassy, which closely followed the legislative process and, specifically, the safety implications for individual LGBT people. The Netherlands supported Ugandan organisations campaigning for LGBT equal rights, among other things, through the multi-donor fund Democratic Governance Facility. The embassy also supported LGBT projects run by Sexual Minorities Uganda (SMUG) and Hivos. The East and Horn of Africa Human Rights Defenders Project also received funding to protect human rights defenders, including LGBT activists, in 2013. The Netherlands pressed within the EU for condemnation of the anti-gay law and continues to oppose a resumption of the EU’s budget support for Uganda.

• Zimbabwe: The year 2013 started badly in Zimbabwe. NGOs were harassed and human rights defenders arrested, particularly those involved in voter registration projects. The referendum on the new constitution in March and the elections of July 2013 proceeded relatively peacefully. However, implementing the constitution proved difficult and repressive laws are still in force. Human rights remain under great pressure. On a more positive note, however, a number of human rights defenders were eventually acquitted.

| 76 | In February 2013 the EU Delegation issued a statement condemning the harassment of NGOs by means of raids, intimidation, arrest and detention and the use of force during peaceful meetings. Around the time of the elections the Dutch embassy contributed to projects designed to provide information, and to encourage potential voters to register and vote.

The embassy used social media to promote discussion of human rights issues. In the run-up to Human Rights Day it launched a media diversity campaign in collaboration with Hivos. The Netherlands contributed to projects supporting political parties, the drafting of the new constitution, and the monitoring of the elections and the referendum. The embassy attended the trials of human rights defenders and supported projects on LGBT rights, women’s rights, victims of political and other violence, and freedom of expression and internet freedom.

4.4 Western Hemisphere

General trends in the Americas remained positive, although there were big differences between sub-regions. The increased focus on LGBT rights was striking, the most important examples being the legalisation of same-sex marriage by the Uruguayan parliament and by the National Council of Justice in Brazil. A number of South American countries, in particular, played more prominent roles in forging human rights coalitions in multilateral forums than they had done previously. The Netherlands responded by exploring opportunities for trilateral cooperation with i.a. Argentina and Brazil. There were relatively large numbers of demonstrations in 2013 in Latin America, including Brazil and Venezuela. Brazil was forthright in its criticism of the activities of the US National Security Agency and called for the right to privacy to be respected. One persistent problem in Central America has been the structural violence associated with impunity for large-scale cross-border crime, often drugs-related.

• Organization of American States (OAS): The Netherlands has been a permanent observer at the OAS since 1972. The OAS is an important partner for the Kingdom because all countries in the Western Hemisphere are members. Since some countries in the Kingdom lie in the Caribbean region, it is important for the Netherlands to have good ties Human Rights Report 2013

with a stable and secure region. To help ensure this is the case, the Netherlands contributed to the Inter-American Commission on Human Rights (IACHR) and other bodies in 2013. The Netherlands values the IACHR’s normative and monitoring role in the Western Hemisphere and has pledged to continue its support in 2013-2015. Dutch financial support will benefit the IACHR’s strategic plan for 2011-2015. The Netherlands particularly appreciates the IACHR’s activities under this plan in support of LGBT rights and human rights defenders.

• Argentina continues to have ambitious human rights policies. At national level, this is reflected in further progress on legislation and the justice system, though implementation still requires extra attention. Multilaterally, Argentina has actively sought to forge alliances, particularly on issues related to non-discrimination. In 2013 preparations were made for trilateral cooperation between the Netherlands and Argentina, acting in or with third countries.

• Brazil: The trend in Brazil remains positive. The government has an ambitious human rights programme which has ensured gradual improvements. Along with Argentina and Uruguay, Brazil can be regarded as a trendsetter in the equal treatment of LGBT people in the region. The country also faces human rights challenges, however. Land conflicts between indigenous peoples and farmers continued unabated. Police conduct in carrying out the ‘pacification policy’ in the slums left much to be desired. With Brazil hosting this year’s football World Cup, the international media spotlight has turned on the way the country deals with such challenges.

The Netherlands and Brazil explored the possibility of trilateral cooperation on LGBT | 77 | rights. During frequent bilateral contacts with Brazil, ideas were exchanged on the equal treatment of LGBT people and on human rights defenders. The embassy facilitated a publication on equal opportunities for LGBT people in the workplace. More and more companies in Brazil are aware of the principles of CSR. Dutch companies, encouraged by the Dutch government, have played an important role as catalysts, not least during the visit by the Minister for Foreign Trade and Development Cooperation in October 2013. Collaboration with Instituto Ethos, the leading industry organisation for CSR in Brazil, was also stepped up in 2013. During the first half of the year the Netherlands was the EU contact point for human rights defenders in Brazil. At the initiative of and with financial support from the Netherlands, a book featuring portraits of human rights defenders was published in close collaboration with the Brazilian authorities, UNDP and the EU. In response to the publication the Brazilian Secretariat for Human Rights, assisted by the Dutch embassy, organised presentations and discussions on human rights defenders in several states.

• Central America: For several years, Central America has been the scene of a major battle against international drug cartels which use the region as a route to their markets in the US. Honduras, El Salvador and Guatemala have weak and corrupt state structures, making it an unequal battle between the authorities and the cartels. In all three countries impunity remains a worrying problem, the most prominent example being the overturn- ing of the conviction of former dictator Efraín Rios Montt in Guatemala. The number of cases of intimidation of human rights defenders and journalists has increased sharply. The situation in Nicaragua is calmer by comparison in terms of human rights and security, though the country does face problems including corruption, violence against women and violations of SRHR. Compared with the other Central American countries the human rights situation in Panama is relatively stable. The main concerns are excessive police violence at demonstrations, the use of the death penalty and weaknesses in the judicial system, including the duration of criminal proceedings and pre-trial detention, corruption, prison violence and overcrowding, and an increase in sexual abuse and failure to prosecute it effectively.

Human rights developments and Dutch efforts by region

The Netherlands’ Central America Programme (MAP) emphasises security, justice and human rights, focusing on vulnerable groups like children, LGBT people, women and indigenous populations via a regional human rights fund. The programme also covers human rights defenders and journalists, and supports the OAS programme Facilitadores Judiciales (legal mediators), which is being implemented in all the Central American countries except El Salvador and Belize in collaboration with the judiciary. The aim of the programme is to provide accessible mediation for local conflicts, giving people living in isolated rural areas access to legal institutions by setting up a nationwide service. In this way, the Netherlands is enhancing legal certainty for all and helping to prevent impunity.

Provisional implementation of the EU-Central American Association Agreement began in 2013. As with the free trade agreement with Colombia (mentioned below) the Netherlands lobbied successfully for a suspension clause that may be invoked in the event of human rights violations. The agreement also contains a chapter on sustainability, with binding obligations on respect for fundamental workers’ rights. The Netherlands also urged the EU to set up a subcommittee to monitor human rights after the agreement definitively enters into force.

• Colombia: Human rights are a priority in Colombian government policy. The government is keen to enter into a constructive dialogue with the international community, and also with domestic civil society. Implementation of the Victims and Land Restitution Law continued. Peace talks between the government and Revolutionary Armed Forces of Colombia (FARC) also present opportunities for making improvements in the human rights situation. However, the increased violence directed at trade union members and | 78 | community leaders involved in land restitution is a cause for concern. Immunity from prosecution for past crimes and violence against women in the country’s interior also pose problems.

In 2013 the Netherlands offered support to the influential Colombian Commission of Jurists (CCJ). The Institute for Development and Peace Studies (INDEPAZ) was also given financial support from the Human Rights Fund to develop and distribute informational guides to help the public monitor the palm oil, water and oil industries. These guides strengthen the position of communities in their dialogue with the authorities and companies. Provisional implementation of the free trade agreement between the EU and Colombia began in August 2013. Under the agreement, Colombia reaffirmed its commit- ment to the ILO’s core labour standards, and a committee was established to monitor Colombia’s compliance with them. At the Netherlands’ insistence, the agreement also includes a suspension clause that can be invoked in the event of serious human rights violations. The Netherlands also called for a robust chapter addressing sustainability, including binding provisions on respect for fundamental workers’ rights.

 Campaign of the Netherlands Embassy in Colombia to warn people about the dangers of human trafficking. Human Rights Report 2013

Human Rights Ambassador visits Colombia The Human Rights Ambassador visited Colombia from 3 to 6 June 2013 for open and informative talks with the Colombian authorities. On several occasions he praised their efforts, but he also underlined the need for further progress and offered Dutch support. For their part, the Colombian authorities expressed their appreciation of the two countries’ good bilateral relations and the Netherlands’ support for peace talks and human rights.

In Santa Paula, where paramilitaries had stolen land from its owners in the 1990s, he met government agencies, NGOs, human rights defenders and the departmental ombudsman. The Ambassador praised Colombia’s efforts to acknowledge and indemnify victims, but expressed concern at the fact that the perpetrators were not being prosecuted and punished.

In Bogotá the Human Rights Ambassador spoke with representatives of the government (including the vice president, deputy labour minister, deputy interior minister and human rights directors from the defence and foreign ministries), human rights organisations, international organisations, civil society, a senior adviser on women’s equality, and representatives of the private sector. In his talks, the Ambassador raised the possibility of trilateral cooperation with Peru on business and human rights. Colombia likes to regard itself as a CSR pioneer, and its response to the proposal to work with Peru was cautiously positive. The proposal will be further elaborated by | 79 | the embassy and the Ministry of Foreign Affairs.

The changes in the army were also discussed. Units have been established in all parts of the armed forces to monitor the defence ministry’s human rights policy. The Human Rights Ambassador complimented the Colombians on their good intentions. At the same time, however, there is international concern at the proposed legislation to increase the powers of military courts relative to civilian courts, and the impunity to which this might give rise. The Ambassador expressed his appreciation for the gradual improvements that have been achieved in trade union rights. However, he also pointed out that violence against trade union leaders still caused great concern and urged the government to take measures. The Ambassador also discussed this issue with an NGO specifically concerned with trade union rights. Finally, the Ambassador and his interlocutors concluded that progress was being made on women’s and LGBT rights, and that these vulnerable groups were clearly a focus of attention for the Colombian government. Much remained to be done, however. The Human Rights Ambassador offered Dutch expertise in support of the Colombian government’s efforts.

• Cuba: The human rights situation in Cuba continued to be a concern. Freedom of expression was restricted and dissidents were threatened and temporarily detained. There was no independent judiciary or independent legal representation. There were however positive developments. One example is the flexible interpretation of the new migration law, which allows ordinary Cubans to leave and re-enter the country freely. Another is the government’s opening of internet cafés, although they are very expensive to use. The economic reforms in Cuba have created more scope for private initiative. Cuba played a leading role in the region in the areas of LGBT rights, the right to education and health care.

The Netherlands again urged Cuba to ratify the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights as soon as possible. It also Human rights developments and Dutch efforts by region

supported an independent hip-hop event, which gave a platform to young performers critical of Cuban society who had made no headway with the Cuban authorities. The Netherlands also helped with the production of a documentary entitled Offline about the internet in Cuba. Cuban blogger Yoani Sánchez visited the Netherlands in March 2013, where among other things she met the Human Rights Ambassador. The embassy organised activities to help protect human rights defenders by raising their profile. Plans were launched for trilateral cooperation on LGBT rights with Brazil and Cuba.

• Mexico: More attention was focused on human rights in Mexico in 2013. The Mexican government established a special unit to protect journalists and human rights defenders, and there was a greater focus on shortcomings in the judicial system. The measures have not yet led to any major improvements, however. Violence against journalists and human rights defenders, and the impunity the perpetrators enjoy, remain a major problem. However, there has been a positive development for human rights defenders: in 2013 an emergency fund was established to provide female human rights defenders with temporary shelter when they are in acute danger. Yet, the scale of the problem is such that more effort will be needed from the government to address it effectively.

Another matter of great concern is widespread violence against women, and the inadequacy of efforts to tackle it. The judiciary also discriminates against women, resulting in greater impunity in cases of violence against women than in other cases. The Netherlands regularly draws the Mexican authorities’ attention to this issue. The Minister of Foreign Affairs gave the Hester Lecture in November 2013, in memory of Hester van | 80 | Nierop, who was murdered in Mexico in 1998. A suspect was arrested in Mexico for this murder in January 2014.

• United States: The United States remains an important human rights partner, at the UN and elsewhere. In 2013, the Netherlands worked with the US to strengthen human rights in other countries. These efforts were financed partly by three funds: Lifeline (for embattled NGOs), the Equal Futures Partnership (for women’s rights) and the Global Equality Fund (for the equal treatment of LGBT people). During the Minister of Foreign Affairs’ visit to Washington in September 2013, Secretary of State John Kerry expressed his appreciation of the Netherlands’ leading role on human rights. As regards the human rights situation in the US itself, the Supreme Court judgment ruling that the federal government must recognise same-sex marriage can be regarded as a milestone. This ruling means that same-sex couples can now also claim federal social welfare provisions. Another positive development was the abolition of the death penalty in Maryland. Key challenges remain, however, including the balance between security and privacy (in view of revelations about the methods of the National Security Agency), the general abolition of the death penalty, and the closure of the prison at Guantánamo Bay. There were 39 executions in 2013, four fewer than in 2012, thus continuing the downward trend. Support for capital punishment continues to decline in the US, and is currently at its lowest level for 40 years. Since 1976, 2% of counties in the US have been responsible for 52% of the country’s executions.

EU companies are no longer permitted to supply prisons in the US with substances that can be used to administer the death penalty by lethal injection. In 2013 the Netherlands continued to support the abolition of the death penalty in the US by funding a project run by the National Coalition to Abolish the Death Penalty (NCADP). The project trains death penalty lawyers to enable them to intervene as effectively as possible in capital cases.

• Venezuela: Human rights are under pressure in Venezuela. Freedom of expression was restricted in 2013. Political space was constricted, as members of the opposition were put under pressure and intimidated. Safety is also on the decline, while impunity is rising. Human Rights Report 2013

In response to the presidential election, High Representative Ashton indicated her concern at the growing polarisation in Venezuela and called upon the parties to work constructively towards good governance and transparency. The Netherlands drew attention in its bilateral contacts to the human rights situation, and in 2013 supported a project to raise awareness of civic values and community spirit among minors. The Human Rights Fund also financed a project designed to make children and young people more socially resilient.

4.5 Europe and Central Asia

Much remains to be done in Europe and Central Asia, in both the east and the west of the region. Discrimination – on the grounds of race as well as sexual orientation – still requires a great deal of attention. Many embassies therefore organised activities in 2013 to tie in with Gay Pride events, increasingly using social media to promote them. Human rights defenders often find themselves in a difficult position, and there are concerns about freedom of expression and the right to the impartial administration of justice. Many diplomatic missions screened a human rights film on Human Rights Day 2013, followed by a debate. Efforts to improve the human rights situation in Europe are being made both bilaterally and through the Council of Europe, the European Union and the OSCE. Many countries are party to the UN human rights conventions, so they can also be called to account in UN forums.

4.5.1 Candidate member states and potential candidate member states of the EU | 81 | Every year the government submits to the House of Representatives its assessment of progress in the accession process of EU candidate member states and potential candidate member states.80 The rule of law, democratic institutions and respect for human rights are at the heart of the EU and therefore of the enlargement process. The new approach, whereby the chapters pertaining to the rule of law – Chapter 23 (Judiciary and Fundamental Rights) and Chapter 24 (Justice, Freedom and Security) – are dealt with early in the accession negotiations, is in line with this. This new approach was first applied toMontenegro and will also be applied to Serbia. Tackling problems in this area early in the negotiations and agreeing these chapters last allows the accession procedure to be used to the full and gives time for words to be converted into action.

Homophobia, discrimination and hate crimes on the basis of sexual orientation and gender identity are a widespread problem in the Western Balkans and Turkey. LGBT people regularly face violations of their rights as a result of discrimination in areas like work and education, freedom of expression and assembly, and hate speech, intimidation and physical violence. Equal rights for LGBT people are a priority for the Dutch government. It regards the European Commission’s frank approach to this issue as a boost for the LGBT community. The government would in this connection like to highlight the Gay Pride Parade in Belgrade, which was cancelled in 2013 for the third time in succession because the authorities claimed they could not guarantee the safety of the participants. A country wishing to accede to the Union should be expected to be capable of guaranteeing the safety of peaceful demonstrators and of safeguarding their freedom of expression, assembly and protest. The government therefore welcomes the undertaking given by Aleksandar Vučić, while he held the position of First Deputy Prime Minister of Serbia, that the Belgrade Gay Pride Parade will definitely go ahead in 2014. The Netherlands reflects with satisfaction on the Gay Pride Parade in Podgorica on 20 October 2013, which thanks to the determination and effective action of the Montenegrin authorities went well in the circumstances.

80 http://bit.ly/1e9JodB (in Dutch) Human rights developments and Dutch efforts by region

• Bosnia and Herzegovina: The rule of law deteriorated in Bosnia and Herzegovina in 2013. Politicians increasingly undermined the judicial authorities. Discrimination against vulnerable groups such as women, Roma, repatriated refugees, LGBT people, the disabled and the elderly remained widespread. Incitement to hatred increased, as did intimidation of and violence against journalists and activists. Media freedom was under pressure due to the politicisation of administrative bodies, public broadcasters and media regulators. The steering board of the Peace Implementation Council – of which the Netherlands is a member – called for educational reforms to promote non-discrimination and non-segre- gation, media freedom, justice for war crimes and strengthening of the rule of law.

The Matra project ‘Strengthening bilateral relations between the police and civil society organisations in the protection of human rights and law enforcement’ aimed to raise awareness among civil society organisations and the police of violations of the human rights of marginalised groups of women (prostitutes and drug users). The project provided guidelines and training for the police in how to deal with such groups, based on practices in the Netherlands. Despite some initial reluctance, the project was a major success. The useful guidelines and information were greatly appreciated. The project targeted the Sarajevo Canton, but police officers and organisations from throughout the country joined in. Thanks to the ‘train the trainers’ element, there were many spin-off benefits. The project also resulted in a cooperation protocol between the police and NGOs, complete with an action plan.

The project ‘Advocating for LGBT rights in Bosnia and Herzegovina’, implemented by the | 82 | Sarajevo Open Centre (SOC), aimed to improve compliance with the anti-discrimination law of 2009. Discrimination and violence against LGBT individuals are still commonplace. The authorities lack knowledge of LGBT issues and the LGBT community itself is insuffi- ciently aware of its rights. The project trained SOC staff to provide free legal assistance, enabling them to help 61 individuals. Eleven successful workshops were also held for the LGBT community in five cities (with a total of 134 participants). Informal action groups emerged from the workshops in three cities, for the first time outside Sarajevo. The number of reports of discrimination has risen thanks to the greater awareness achieved.

• Montenegro: Over the past year negotiations on Chapter 23, ‘Judiciary and Fundamental Rights’, played a central role in Montenegro’s EU accession procedure. Montenegro has drafted a detailed action plan on this matter, with a significant focus on promoting human rights. The European Commission and the EU member states will monitor the implementation of the action plan over the coming years. The human rights issues that currently warrant the most attention are equal rights for LGBT people and freedom of expression. Media freedom also leaves much to be desired, and Montenegro ranks just 113th on the Reporters Without Borders World Press Freedom Index. Over the past year, the government has brought further pressure to bear on the independent press.

The Dutch embassy in Belgrade was actively involved in promoting LGBT equal rights in Montenegro in 2013. It provided advice, help and resources for the first Gay Pride Parade in Montenegro, held in July 2013 in the seaside resort of Budva, and for a second Gay Pride Parade in the capital Podgorica in October 2013. The embassy also helped the government devise and officially launch a strategy for equal rights for LGBT people. Thanks partly to the Netherlands’ efforts, LGBT issues are now higher on the Montenegrin authorities’ political agenda. At the same time, the Netherlands has placed the issue firmly on the radar of other EU embassies in Montenegro.

• Turkey: There have been contrasting developments in the human rights situation in Turkey. Positive developments include a greater focus on religious minorities, the start of a peace process with the Kurds and a new legal framework for refugees and migrants. The Turkish government has taken steps to settle the legal cases associated with the Syrian Human Rights Report 2013

Orthodox Mor Gabriel monastery and to improve the position of the Roma, for instance in relation to accommodation. Concerns remain, however, on matters such as the position of women (particularly as regards violence against women and child marriage) and of the LGBT community. In certain areas where the situation was already worrying, things got worse in 2013, for instance with regard to freedom of expression, press freedom and freedom to demonstrate. These negative developments were particularly apparent during and after the Gezi Park protests, when the response of the security forces and the government was alarming.

The Gezi Park demonstrations and the use of excessive violence by the authorities prompted some particularly sharp criticism in 2013, from the Dutch Minister of Foreign Affairs and Prime Minister among others. An Amnesty International project that ran two-day workshops to train 150 teachers in various parts of the country about the importance of internet freedom and freedom of expression was supported by the Dutch embassy, and initially also by the Turkish education ministry, though the latter’s active support was largely withdrawn after the Gezi Park protests. The selection of teachers for the workshops then proceeded with the help of the teachers’ unions, which are also ensuring the continuity of the project.

The position of the LGBT community in Turkey remains worrying. In 2013 the Consulate- General in Istanbul contributed to a project designed to allow LGBT individuals to participate in the local elections in 2014. A ‘school of politics’ was established for this purpose. Participants come from all over the country to learn about many aspects of the business of politics at a five-day training course. Several political parties are contributing | 83 | to the training, and the parties’ positions on LGBT issues are being analysed.

4.5.2 Countries in the Eastern Partnership and Russia As in the European Union’s (EU’s) southern neighbourhood region, Dutch policy in the countries in the Eastern Partnership is pursued largely via the EU. In 2013 the Netherlands channelled some of its efforts for democratisation and respect for human rights through the EU’s Neighbourhood Policy.

• Armenia made progress on religious freedom in 2013 by introducing an alternative to military service for Jehovah’s Witnesses. By contrast, however, the position of LGBT people deteriorated (due to an attempt to introduce a legal ban on ‘gay propaganda’), as did the position of women (the gender equality law was not adopted). There were also allegations of police brutality against political demonstrators.

On 13 September a local EU statement was issued on the violence against social activists and the intimidation of human rights defenders. Armenia is a priority country when it comes to freedom of religion and belief. In this connection, the embassy organised a visit to both Georgia and Armenia by UN Special Rapporteur on Freedom of Religion or Belief Heiner Bielefeldt in 2013. The key challenge is to address the exceptionally strong influence on society and politics of the dominant Orthodox church. One tangible result of the efforts was the broader application of the law on alternative service, which means that Jehovah’s Witnesses who refuse to do military service no longer risk a prison sentence.

• Azerbaijan: There was a further deterioration in the human rights situation in Azerbaijan in the run-up to and after the presidential elections of 9 October 2013. According to the Institute for Reporters’ Freedom and Safety (IRFS), 25 journalists, bloggers, human rights defenders and youth activists were imprisoned in 2013. Although social freedoms for NGOs, opposition parties and independent media outlets have been restricted for many years, a new low was reached in late 2013 in two incidents which the embassy in Baku witnessed at close hand: the arrest of Anar Mammadli (chair of the Election Monitoring Human rights developments and Dutch efforts by region

and Democracy Studies Center (EMDS)) on 16 December because of his independent monitoring of the presidential elections, and the intimidation of Naila Hashimova (president of the Eurasia Partnership Foundation – Azerbaijan) in November. High Representative Ashton and EU Commissioner Štefan Füle issued public statements condemning Mr Mammadli’s arrest.

Matra funds were used to support the EMDS election monitoring project, in particular for training 900 independent observers. As a result, the public’s awareness of their rights during elections was raised, and a critical report documenting irregularities was published. Thanks to the intervention of the EU Delegation and the embassies of the member states, imprisoned opposition politician Ilgar Mammadov was able to register as a candidate for the presidential election.

• Belarus: The human rights situation in Belarus did not improve in 2013. A number of political prisoners are still in detention. Independent radio and television stations can only broadcast from outside the country and independent print media face systematic obstruction. Other persistent human rights violations concern freedom of expression, discrimination against various social groups including LGBT people (a situation that has deteriorated since 2012), freedom of association and the treatment of prisoners. Relatively speaking, there was a thaw in relations between the authorities and civil society in 2013, but this appears to be due mainly to the government’s desire to make a good impression with the Ice Hockey World Championship in 2014.

| 84 | In February the Minister of Foreign Affairs visited Poland, where representatives of Belarusian and Polish NGOs informed him about the human rights situation in Belarus. The Dutch embassy in Poland has taken several initiatives intended to improve the situation (see 1.1).

• Georgia: The presidential elections in Georgia in 2013 were the most democratic ever held in the country. The human rights situation improved in several respects, particularly the protection of privacy and workers’ rights. However, the position of LGBT people and religious minorities remained worrying. The current prosecutions of several former members of the government, including the ex-prime minister, are also at risk of appearing to be political show trials. The EU appointed Thomas Hammarberg as Special Adviser on Constitutional and Legal Reform and Human Rights in Georgia, and his report will form the basis for the EU’s Human Rights Strategy for Georgia for 2014-2015. As part of a Dutch-supported project to combat torture in prisons, the Georgian Young Lawyers’ Association interviewed hundreds of prisoners who claim to have been tortured or mistreated. The analysis of the data provides an insight into the circumstances surrounding torture in Georgian prisons.

Thanks to collaboration between the Anne Frank House and the former first lady of Georgia, Sandra Roelofs, Anne Frank’s diary has now been translated into Georgian. As a result of this and an interactive exhibition on Anne’s life, over a thousand Georgian schoolchildren have learned about the consequences of xenophobia and about the principles of social tolerance.

The embassy used money from the Human Rights Fund to enable the Georgian LGBT organisation Identoba to hold an IDAHO demonstration on 17 May 2013. Identoba organised community mobilisation, meetings with the authorities and information sessions with journalists both before and after the event. Although the demonstration came under attack from thousands of counter-demonstrators, the Netherlands’ support ensured that Identoba had met all the relevant members of the government beforehand and received verbal assurances of the safety of the demonstrators. As a result, the police Human Rights Report 2013

eventually provided the necessary protection. The information sessions with journalists led to considerably less homophobia in media reports. Thanks to the lobbying of the Georgian authorities by the Dutch ambassador and like-minded fellow ambassadors, those suspected of anti-LGBT violence (who included two priests) eventually appeared in court on 17 May.

• Russia: There were worrying developments in 2013 in terms of freedom of expression and press freedom, civil society space and the position of ethnic, sexual and other minorities in Russia (which is not a member of the Eastern Partnership). Major focuses of criticism – broadly shared by the international community – included the ‘anti-gay propaganda’ law (which bans dissemination of ‘propaganda among minors for non-traditional sexual relations’), a law branding as ‘foreign agents’ any NGOs that receive foreign funding and engage in ‘political activities’, and the prosecution of several members of the Russian opposition movement and a number of demonstrators (the ‘Bolotnaya Square’ cases).

In 2013 the subject of human rights was once again high on the political agenda in bilateral political and diplomatic contacts. This dialogue is based on the principle that Russia and the Netherlands should be able to raise the issue of the other’s compliance with international human rights obligations that both have voluntarily undertaken. The Netherlands is also receptive to criticism from Russia concerning developments in our country. Human rights are explicitly discussed with the Russian authorities in multilateral forums (the EU, OSCE and CoE), including EU human rights consultations with Russia and the EU-Russia Summit. In her public statements, partly at the Netherlands’ request, High Representative Ashton expressed her concern at both the pressure brought to bear on | 85 | NGOs and the anti-gay propaganda law. Through its diplomatic missions in Russia, the Netherlands supports the efforts of the LGBT community to promote greater tolerance and equal rights for LGBT people, for instance by providing support for organisations, studies on the situation of LGBT people in Russia, information material and film festivals. The Ministries of Health, Welfare & Sport, Education, Culture & Science and Foreign Affairs also provide assistance from central funds for regional LGBT projects in Eastern Europe, including Russia. These multi-year projects are run by well-known LGBT organisations like COC, the International Lesbian and Gay Association (ILGA) and the European Gay and Lesbian Sport Federation (EGLSF).

The Russian-Dutch bilateral year provided a perfect opportunity to raise human rights issues at a high level. The House of Representatives has already been informed of the many discussions conducted on the issue, including that between Prime Minister Mark Rutte and President Vladimir Putin in April 2013.81 Notable events at which human rights featured included the St. Petersburg International Legal Forum (where the Netherlands was guest of honour), the St. Petersburg International Economic Forum (where Prime Minister Rutte spoke during a debate entitled ‘Human rights are good for business’), the ‘Dutch Days’ cultural festival in Moscow’s Gorky Park, and the EU-Russia Civil Society Forum in The Hague. Some 50 organisations received support from the Matra programme and Human Rights Fund for activities associated with human rights and the rule of law in Russia. As usual, the embassy and the consulate-general monitored the trials of human rights defenders in 2013.

• Ukraine: At the end of 2013 the eyes of the world were on Ukraine. The demonstrations that started then made it clear that the people of Ukraine did not feel they were being properly represented by the government of the time. Riot police responded with force on several occasions. The Dutch Minister of Foreign Affairs visited Kyiv in December 2013 to assess the situation and speak to the demonstrators and members of the opposition. The demonstrations sparked off a process whose outcome is still uncertain. Throughout the

81 http://bit.ly/1eiRxCz (in Dutch) Human rights developments and Dutch efforts by region

process, the Netherlands has called both separately and through the EU for restraint and for inclusive talks on a political solution. The Netherlands supported efforts to strengthen human rights and the rule of law in 2013, donating €420,000 from the Human Rights Fund and €726,000 from the Matra programme.

4.5.3 Countries in the European Union It is vital that we continue to focus on strengthening human rights within the EU as well (see 1.4.2).

• Baltic states: Generally speaking, human rights are respected in the Baltic states. Issues that require attention in all three countries are the difficulties in the national implementation of EU human rights directives (on matters such as equal treatment and protection from hate crimes), conditions in refugee centres and the poor legal assistance available to asylum seekers, the lengthy duration of legal cases, intolerance of sexual minorities and treatment of people with intellectual disabilities (regarding the right to education and conditions in secure institutions). Equal rights for LGBT people remain controversial in these three countries, particularly in Lithuania, where plans to hold a Gay Pride Parade met with fierce resistance from the authorities. Lithuania has legislation banning the provision of information that may be harmful to minors and this is considered to include information on homosexuality. Latvia and, to a lesser extent, Estonia still have a large group of stateless people, who are not citizens of any country and do not therefore enjoy full political rights (e.g. voting rights). In Lithuania, the Dutch embassy took part in the Gay Pride Parade, organising a well-publicised reception afterwards at the ambassador’s | 86 | residence. The Netherlands organised exhibitions about Anne Frank for schoolchildren in Estonia and Latvia in 2013. The exhibition in Latvia linked the story of Anne Frank with the Žanis Lipke Museum, which was established in memory of the Latvian Žanis Lipke, who during the Second World War sheltered Jewish residents of Riga at the site where the museum now stands. The exhibition told the story of Anne Frank and also that of a Jewish German-Latvian girl called Hannah Schtern, who went into hiding and whose life was saved by Lipke. The project helped enhance the Latvian public’s knowledge of the Holocaust and the country’s own Jewish history.

• Bulgaria: The European Commission’s Cooperation and Verification Mechanism is helping to strengthen the rule of law in Bulgaria, which remains weak. Freedom of the media and the rights of minorities like Roma and LGBT people give particular cause for concern. As part of her dialogue with EU citizens, EU Commissioner Viviane Reding visited Bulgaria on 23 July 2013, where the 400 people who attended a meeting with her called for democracy to be strengthened and for the judiciary to be made more independent.

For the past few years Gay Pride events have received support in joint statements by a number of EU countries and the US. The Netherlands took the lead on this effort some years ago, and its coordinating role was taken over by other member states in 2013.

• France: On 23 April 2013 France’s National Assembly adopted a law permitting same-sex marriage, which was approved by the Constitutional Council and signed by the president on 17 May. The process was accompanied by unrest and protests. One striking development in the political landscape has been the growth in support for the National Front, which is often associated with extremist views. There is considerable criticism in France of the French government’s deportation policy, which mainly affects illegal Roma. The occasional hard-handed actions of the French police and conditions in prisons remain matters of concern. Finally, the ban on performances by comedian Dieudonné M’bala M’bala, who has been accused of anti-Semitism, around New Year 2013-2014 attracted a great deal of attention. Human Rights Report 2013

On 28 June 2013 the Dutch ambassador hosted a conference on LGBT equal rights. This interactive event organised by the embassy in collaboration with the French umbrella group Inter-LGBT generated many new contacts and positive grassroots feedback. Boris Dittrich of Human Rights Watch and embassy staff participated in the ‘Marche des Fiertés’ (French Gay Pride), placing the Netherlands firmly on the map with local government, NGOs and the French LGBT movement. The embassy in Paris plays a role in the LGBTI fund administered by France Expertise Internationale (FEI).

• Germany: In April 2013 the UN Human Rights Council performed its second UPR of Germany. The report describes a number of improvements since the first report in 2008, such as allowing Turkish citizens in Germany to hold dual nationality. For the second time the Berlin embassy had a float in the city’s Christopher Street Day Parade on 22 June. The slogan on the float read: ‘Die Niederlande stehen für Akzeptanz Weltweit’ (‘The Netherlands advocates acceptance worldwide’). The evening before the parade the embassy hosted a debate on ‘Equal rights for LGBT people in Russia and Eastern Europe’.

• Greece: The human rights situation in Greece has not changed fundamentally over the past year, although it has improved slightly with regard to asylum and migration, thanks to the implementation of the National Action Plan on these subjects. Complaints about the conduct of the police – who are said to be responding more heavy-handedly to demonstrations than in the past – and about the treatment of people in police detention receive regular media attention. There is also growing concern at the impact of the financial crisis on people’s social and economic rights: poverty, lack of access to basic necessities (housing, heating, electricity) and a growing number of uninsured unem- | 87 | ployed people with no access to health care and medicines.

At the instigation of the Dutch embassy, a large number of embassies took part in the annual Athens Pride event in June 2013. This was the first time that embassies had participated and the local LGBT community expressed its appreciation.

• Hungary: On 11 March 2013 the Hungarian parliament approved a fourth package of amendments to the Constitution, curbing the independence of the judiciary, in spite of earlier rulings by the Constitutional Court. Other amendments included restrictions on political campaigning in the media at election time and the criminalisation of homeless- ness. After harsh international criticism some of the amendments were reversed in September. Thorbjørn Jagland, Secretary General of the Council of Europe, announced in October 2013 that he was ‘satisfied’ with the changes to the legislation concerning freedom of expression, media freedom and the judiciary, basing his statement on the recommendations of the Venice Commission.

The Dutch embassy again played an active role in combating human trafficking over the past year, making vigorous efforts in this area in collaboration with Hungary. The two countries recently agreed an Operational Action Plan, and have been joined by Belgium in making preparations for a Joint Investigation Team.

• Italy: The biggest human rights problems in Italy concern shortcomings in the prison system, such as overcrowding and the practice of detaining suspects alongside convicted criminals. Conditions in detention and reception centres for asylum seekers also often fail to meet minimum standards. In December 2013 there were media reports of humiliat- ing treatment of boat refugees on the island of Lampedusa. Italy also struggles with its slow and inefficient legal system, and lags behind the rest of the EU when it comes to LGBT rights. There is no form of registered partnership for same-sex couples, and there is a great deal of discrimination in the workplace and in schools. Roma still encounter prejudice and unequal treatment at local level, restricting their access to social services and jobs. Human rights developments and Dutch efforts by region

Parks, an organisation that campaigns for equal rights for LGBT people in the private sector by targeting and lobbying senior executives, receives financial support from the Dutch embassy for its public meetings. The goal is to bring about a change of attitude, so this is by definition a long-term effort. Results are already visible, however. Over the past two years a dozen large companies (particularly multinationals) have declared their support for Parks’ objectives, and have actually taken steps towards equal treatment, for example by inviting same-sex partners on company outings and granting employees the right to take leave to care for their same-sex partner in the event of illness.

• Poland: In 2013 there were concerns about sexual and reproductive rights (abortion and sex education), freedom of expression (slander of government bodies), and the rights of refugees and migrants in Poland. Further improvements in LGBT rights are also needed. On Coming Out Day (11 October) the Dutch embassy and the Flemish government representative, along with leading newspaper Gazeta Wyborcza and the Campaign Against Homophobia, organised a public debate entitled ‘Why not marriage? Judgment of homophobia’. Boris Dittrich of Human Rights Watch also participated, at the invitation of the embassy. The debate focused on social attitudes towards LGBT issues in Poland and possible legal solutions.

• Romania: The most notable issue in Romania is discrimination against Roma, particularly in housing and education. Human rights organisations’ protests against proposed legislation that would introduce compulsory counselling for pregnant women considering an abortion led to its withdrawal. A bill that would have made defamation a criminal | 88 | offence once again, thus restricting freedom of expression and press freedom, met with strong protests. The Constitutional Court later declared the legislative process non-com- pliant with the constitution. There were also examples of anti-Semitism in Romania, including the broadcast on television of an anti-Semitic Christmas carol. An apology was later given on television. The Dutch National Rapporteur on Human Trafficking visited Romania in 2013, and the Dutch ambassador was guest speaker at Gay Pride in 2013.

• United Kingdom: In 2013 the UK parliament adopted legislation that will legalise gay marriage in England and Wales in 2014. Over the past year a debate has arisen, prompted largely by The Guardian newspaper and its reports on Edward Snowden’s revelations, about the intelligence services and citizens’ privacy. There was also debate on the question of whether a British Bill of Rights should be introduced to replace the Human Rights Act. In connection with this debate, more and more Conservative Party politicians have called for the UK to withdraw from the European Convention on Human Rights and from the jurisdiction of the European Court of Human Rights. The new Justice and Security Bill of May 2013, which would allow the British government to supply courts with secret evidence in cases involving national security issues, led to a great deal of contro- versy. The United Kingdom pursues an active human rights policy in its foreign relations. In September 2013 its action plan on business and human rights was launched, encouraging companies to take account of human rights in their activities.. Human Rights Report 2013

| 89 | Appendices Appendices

Appendix 1: List of projects financed with delegated funds from the Human Rights Fund82

Algeria€ 59.194 Angola € 18.661 Armenia € 137.976 Bangladesh € 58.400 Belarus € 594.948 Burma €643.531 Bolivia € 160. 000 Brazil € 98.805 Burkina Faso € 82.810 China € 2.009.321 Colombia € 875.840 Cuba € 109.266 DRC € 532.836 Egypt € 344.585 Georgia € 401.993 India € 275.074 Indonesia € 347.333 Iraq € 138.564 Iran € 66.568 Israel € 115.255 Jordan € 705.000 Kazakhstan € 402.069 | 90 | Kenya €548.925 Kuwait € 67.520 Lebanon € 430.572 Libya € 239.825 Morocco €563.204 Mexico € 111.876 Moldava € 185.090 Nigeria € 1.949.667 North Korea € 40.796 Pakistan € 250.750 Palestian Territories € 891.872 Panama € 121.194 Peru € 30.471 PD Paris (UNESCO) € 50.000 PM Geneva (VN) € 82.697 PM Vienna (OVSE) € 250.814 PR Strasbourg (RvE) € 250.000 Russia € 709.308 Saudi-Arabia € 15.912 South Africa € 133.506 Sri Lanka € 14.393 Sudan € 120.011 Thailand € 47.137 Tunisia € 306.820 Turkey € 499.841 Ukraine € 420.471 United States € 550.000 Venezuela € 8.714 Yemen € 385.714 Zimbabwe € 1.789.417 0 5 10 15 20 25 30 35

82 A third of the Human Rights Fund consists of central funds and two-thirds of delegated funds. The central funds cannot be included in this list because by definition they concern multiple countries. A few countries that no longer appear on the Human Rights Fund country list are included, as the figures refer to multi-year commitments. Human Rights Report 2013

Appendix 2: Activities of embassies on 17 May 2013 (IDAHO) and 10 December 2013 (Human Rights Day)

Country Activities Afghanistan Human Rights Day The Netherlands joined with a number of partners to organise human rights week in Afghanistan, which included debates, film screenings, training and cultural events on the theme of human rights.

Albania Human Rights Day The embassy supplied five documentaries from Movies that Matter to various human rights organisations in Tirana. Screenings of the films were combined with debates and discussion panels involving human rights experts and activists. The Dutch ambassador participated in several of these debates. He also recorded a short YouTube video drawing attention to Dutch human rights policy. After the screenings, film audiences were encouraged to write messages about the human rights situation in Albania and make suggestions for improvements. The messages were incorporated into a symbolic artwork, a ‘Human Rights Symbol’. The Ombudsman also held a three-day conference on the human rights situation in Albania. The ambassador was a member of the expert panel that discussed women’s rights and gender equality in Albania. | 91 | Algeria Human Rights Day The deputy ambassador attended a partly Dutch-funded conference organised by UNDP and the Algerian parliament on political participation of women. The event was also attended by female MPs from 40 countries. Argentina Human Rights Day The embassy screened the film Call Me Kuchu about LGBT activists in Uganda. The screening tied in with the emerging trilateral cooperation between the Netherlands and Argentina on human rights, which focuses on LGBT equality, discrimination and women’s rights. Australia Human Rights Day The embassy organised a screening of the film Warriors for Love, in collaboration with The Street Theatre, Canberra, followed by a reception. Austria IDAHO The Vienna Gay Initiative (HOSI) organised a ‘rainbow flashmob’ on 17 May to mark IDAHO. The participants released helium-filled balloons paid for by the embassy, bearing the Dutch government logo and calls to combat discrimination against the LGBT community. The stunt was received with enthusiasm by the public and attracted considerable media attention. Human Rights Day A film from Movies that Matter was shown at Burg Kino in Vienna, followed by an opportunity for discussion. Azerbaijan Human Rights Day The embassy in Baku organised screenings of three human rights films: Tall as the Baobab Tree, about child marriage in Senegal; Forbidden Voices, about internet freedom in Cuba, China and Iran; and Rafea: Solar Mama, about equal opportunities for women in the Jordanian-Iraqi Bedouin culture. Appendices

Belarus IDAHO Around the time of IDAHO the Dutch ambassador in Warsaw sent a letter to the Belarusian LGBT community explaining the role of the embassy and Dutch policy on LGBT issues. The letter was addressed to the largest LGBT organisation in the country, GayBelarus.

Human Rights Day Various activities were organised to mark 10 December. A number of meetings and seminars were held in Minsk for the LGBT community during Gay Pride. The World Press Photo exhibition also came to the city. Journalists in Belarus are regularly exposed to intimidation, and press freedom is under pressure there. The exhibition, opened by the Dutch ambassador on 10 December, highlighted the importance of good photojournalism and of human rights throughout the world and in Belarus in particular. Finally, a seminar entitled ‘Across frontiers: sharing Polish-Dutch-Bela- rusian experience of solidarity’ took place on 12 December. The seminar at the embassy in Warsaw was livestreamed so that, in addition to the Polish NGOs, experts, students, media and Belarusian NGOs in attendance, the public in Belarus could also follow it online Belgium Human Rights Day The Dutch embassy organised an evening of film and debate on the humanitarian crisis in Syria. After the film, experts and journalist Inge Vrancken, speaking from her own experience, debated the Responsibility to Protect principle. Benin Human Rights Day The embassy in Cotonou organised eight screenings throughout the country of the human rights film Tall as the Baobab Tree about child marriage in Senegal. The film was screened by local NGOs and was followed by debates involving the local authorities, traditional leaders and young people. | 92 | The embassy was represented at the debates Bosnia and Human Rights Day Herzegovina The embassy collaborated with Kriterion Sarajevo on a programme consisting of five film screenings. The first was followed by a debate moderated by a representative of the Human Rights Centre at the University of Sarajevo. The second was targeted mainly at the media/journalists and relevant NGOs. The third session was for students (of journalism, sociology, political science, crimi- nology and law), while the fourth was for the general public. The final film was shown in conjunction with a workshop for high school students on the theme of the media and human rights.

Brazil IDAHO In Brasília the LGBT flag was raised. For a picture (and an article in Dutch) see: http://brazilie. nlambassade.org/nieuws/2013/05/ambassade-hijst-op-17-mei-de-lhtb-vlag.html.

Human Rights Day To mark 10 December the embassy organised a human rights exhibition entitled ‘Peace and Justice: A look at the past for a better future’ at the National Museum in Brasília (in collaboration with the Anne Frank Foundation). On the day the exhibition opened the embassy organised a seminar in collaboration with one of the biggest local universities, UniCEUB, including a lecture on the international courts and the protection of peace and justice at international level. Bulgaria Human Rights Day The embassy organised a public screening of the documentary Reportero, on press freedom. Human Rights Report 2013

Canada IDAHO The embassy raised the rainbow flag on 17 May. The deputy ambassador also gave a lecture to high school students on equal rights for LGBT people.

Human Rights Day Ottawa On two occasions the embassy in Ottawa showed the film Tall as the Baobab Tree, about child marriage in Senegal

Vancouver Under the theme 'Nazi persecution of homosexuals', the consulate-general in Vancouver and the Vancouver Holocaust Education Centre showed the human rights film Call Me Kuchu about LGBT rights activists in Uganda. China IDAHO The Dutch embassy, working in collaboration with various local LGBT organisations, staged an event designed to raise the profile of transgender people in China. Over 80 people attended, including journalists, education experts, mental health professionals, civil society volunteers and diplomats.

Human Rights Day The embassy in Beijing organised a public screening of the human rights film Call Me Kuchu, about LGBT activists in Uganda.

Costa Rica Human Rights Day | 93 | The Dutch embassy screened the documentary Justice For My Sister by Irish-Colombian filmmaker Kimberly Bautista. It tells the story of a Guatemalan woman whose sister was murdered. To avenge the murder of her sister, the woman goes in search of the murderer and attempts to take him to court. Ms Bautista attended the screening and a panel of human rights experts facilitated a debate with the audience. Croatia Human Rights Day The mission in Zagreb linked its contribution to Human Rights Day to the screening of the Dutch film Boven is het stil (English title: It’s All So Quiet) at the Human Rights Film Festival in Zagreb. The festival’s theme on 13 December was LGBT rights. The treatment of LGBT issues in films and documentaries was the subject of a round table discussion, and before the screening the ambassador gave a short speech on the subject. Cyprus Human Rights Day The Dutch and US embassies in Cyprus joined forces to organise a film festival on 10 December 2013 in the UN-controlled buffer zone between the Greek-Cypriot and Turkish-Cypriot parts of the capital Nicosia. Dominican Human Rights Day Republic The embassy collaborated with NGOs COIN and Observatorio de Derechos Humanos to organise a number of screenings of the film Reportero, on press freedom in Mexico. Egypt Human Rights Day The embassy in Cairo organised a public screening of Forbidden Voices, about internet freedom in Iran, China and Cuba. El Salvador Human Rights Day On 10 December the embassy organised an event focusing on the situation of journalists and human rights defenders in El Salvador. The event was opened by speakers from UCA university in El Salvador, human rights organisation FESPAD and by the Dutch ambassador. It ended with a debate. Appendices

Estonia Human Rights Day The Dutch embassy joined forces with the Institute of Digital Rights and Garage48 to organise the first #DiploHack in Tallinn. France IDAHO The embassy in Paris organised a conference on equal rights for LGBT at the ambassador’s residence, in collaboration with Inter-LGBT (the French counterpart of Dutch LGBT rights organisation COC). Boris Dittrich of Human Rights Watch was among the speakers.

Human Rights Day The Paris embassy organised screenings of two human rights films: Call Me Kuchu, about LGBT activists in Uganda, and Tall as the Baobab Tree, about child marriage in Senegal. Georgia IDAHO The local LGBT organisation Identoba was invited to a meeting at the embassy. A member of the embassy staff also took part in a debate on Dutch LGBT policy at the Europe House Georgia in Tbilisi.

Human Rights Day Op 10 december werd een Human Rights Fair georganiseerd met deelname van 15 Georgische ngo’s die minderheden en gemarginaliseerde groepen vertegenwoordigen. Met de beurs werd beoogd om Georgische diversiteit te vieren en om aandacht te vragen voor de verschillende minderheden die in Georgië huizen. Germany IDAHO | 94 | The Dutch embassy participated in the Berlin Pride Festival, organising a seminar on equal rights for LGBT people in Eastern Europe/Russia, and joining in the Christopher Street Day Parade in Berlin with its own float. These activities drew the attention of a large audience to Dutch policy on LGBT rights.

Human Rights Day On 10 December the embassy in Berlin screened the documentary Forbidden Voices. Afterwards, one of the human rights activists featured in the documentary, Farnaz Seifi, engaged in a discussion with the director of Amnesty International Germany, Selmin Çalışkan.

Ghana Human Rights Day The embassy in Accra organised a public screening of the human rights film Tall as the Baobab Tree, about child marriage in Senegal. Greece IDAHO The ambassador invited a number of Greek LGBT organisations to a working lunch at his residence on 17 May. The guests were very keen to hear how the Netherlands protects LGBT rights, and found the examples of best practices particularly interesting.

Human Rights Day A meeting for NGOs was held at the ambassador’s residence to discuss the impact of the financial crisis on the social and economic rights of people in Athens (poverty, poor access to health care, and cuts in help for homeless people, drug addicts and illegal immigrants). Indonesia Human Rights Day Naar aanleiding van het bezoek van vier vertegenwoordigers van internationale gerechten in Den Haag werd de dag van de Mensenrechten gevierd door middel van een paneldiscussie tussen deze vertegenwoordigers over de ‘ASEAN Charter on Human Rights’. Iraq Human Rights Day The embassy in Baghdad organised two screenings of human rights films: Rafea: Solar Mama, about equal opportunities for women in the Jordanian-Iraqi Bedouin culture, and Forbidden Voices, about internet freedom in Iran, China and Cuba. Human Rights Report 2013

Italy Human Rights Day On 14 December the Dutch ambassador gave a speech on peace and justice at the Frisian Church in Rome. Japan IDAHO On Saturday 27 April, the embassy in Tokyo and local NGOs organised the kick-off for Tokyo Rainbow Week 2013, bringing together stakeholders and giving them the opportunity to network in an informal atmosphere. Speaking at the event, Boris Dittrich of Human Rights Watch emphasised the Netherlands’ major role in campaigning for LGBT equal rights. Further information (in Dutch) can be found at: http://www.coc.nl/internationaal/receptie-nederlandse-ambassadeur- start-tokyo-rainbow-week.

Human Rights Day International Human Rights Day at the embassy in Tokyo took LGBT rights as its theme. On 10 December the embassy showed the documentary Warriors for Love to a group of NGO representatives who had been involved in organising the Tokyo Rainbow Week. After the film there was time for debate and talks on how to improve collaboration in 2014. The event ended with a networking reception. Jordan Human Rights Day The Dutch ambassador took part in a press conference launching a national Jordanian campaign to eliminate violence against women, run by the Jordanian National Commission for Women. The embassy also provided support for an annual conference organised by Arab Reporters for Investigative Journalism and a film festival at which the Dutch film Peace vs Justice was shown. | 95 | Kenya Human Rights Day The Dutch ambassador spoke in a live televised debate on human rights in Kenya with a panel consisting of representatives of parliament, the judiciary and human rights activists. The deputy ambassador spoke at the opening of the local office of the Kenya Human Rights Commission in Kisumu in western Kenya. The Netherlands was also represented at the presentation of the annual Jurist of the Year Award.

Latvia Human Rights Day The embassy organised a breakfast debate on the theme of ‘achievements and challenges for human rights in Latvia’, attended by the Dutch ambassador and several key players in the field of human rights. Lebanon Human Rights Day The embassy in Beirut organised a public screening of the human rights film Forbidden Voices, about internet freedom in Iran, China and Cuba. Libya Human Rights Day One of the organisations that received embassy support for the 16 Days of Activism against Gender Violence in Libya launched its campaign on 10 December and screened the promotional video for the first time. The Dutch ambassador spoke at the event. Lithuania Human Rights Day The embassy organised a seminar on LGBT rights. Appendices

Macedonia IDAHO On 15 May the embassy invited LGBT United, a Macedonian NGO, to join in raising the rainbow flag, which flew alongside the Dutch flag for the rest of the week. The embassy was also represented at an event on 17 May to promote a regional anti-homophobia network and the ILGA Europe Rainbow Map on LGBT rights. After the event, a number of people participated in a small-scale spontaneous march through the city, hanging posters on the way. The embassy also took part. On 23 May the ambassador gave a presentation to promote a ‘shadow report’ on preventing discrimination on the grounds of sexual preference or gender identity. The embassy’s main partner in these activities was the newly opened LGBT centre in Skopje.

Human Rights Day The embassy participated in a number of activities organised by the EU. This year’s celebrations focused on promoting the LGBT guidelines. In the morning there was a debate on LGBT issues at the EU information centre; one of the speakers was a representative from the Dutch Ministry of Education, Culture and Science. In the afternoon the embassy showed the documentary Reporte- ro, followed by a debate on press freedom between Macedonian speakers. Mexico IDAHO The embassy organised a lunch with members of the LGBT community and several ambassadors. For photographs see: http://on.fb.me/1lrtgJt

Human Rights Day On 10th December the Dutch ambassador gave a speech on ‘Journalists and human rights defenders at risk’ at a meeting for journalists organised by Free Press Unlimited. | 96 | Morocco IDAHO The embassy organised a successful photography exhibition to mark IDAHO, with the aim of bringing all aspects of this movement together and creating an atmosphere in which this sensitive issue could be discussed frankly.

Human Rights Day Together with a number of other embassies, the Netherlands organised a debate for students on women’s rights in Morocco. There was also a two-day celebration of human rights, with films, debates, lectures and cultural activities in Nador in northern Morocco. The aim was to generate interest in human rights in this region where many Dutch Moroccans come from.

Mozambique IDAHO To mark IDAHO, Mozambican LGBT organisation LAMBDA organised a meeting with the support of the Dutch embassy to discuss its study entitled ‘Attitudes and Practices towards Homosexuality in Mozambique’

Human Rights Day 11 December all EU ambassadors visited Machava Maximum Security Prison and Boane young offenders’ institution to see conditions there for themselves. The Dutch mission also worked with several NGOs to organise human rights activities. For instance Action for Inclusive and Responsive Governance (AGIR), a civil society forum, held a conference on human rights in collaboration with the Ministry of Justice. Nicaragua Human Rights Day IThe documentary Justice For My Sister was shown at an event organised in collaboration with the Finnish embassy in Nicaragua and the International Organization for Migration, attended by filmmaker Kimberly Bautista. The screening was accompanied by presentations on the issue of violence against women. Human Rights Report 2013

Nigeria Human Rights Day The embassy organised a number of activities on and around Human Rights Day. First, it arranged an open-air screening of Tall as the Baobab Tree, in collaboration with Nigeria’s National Human Rights Commission (NHRC). The film was also shown to a group of pupils from high schools in and around Abuja, followed by a question-and-answer session on human rights in general and the work of the embassy and the NHRC in particular. Finally, on 10 December the ambassador and embassy staff took part in a Human Rights Walk organised by the NHRC in downtown Abuja.

Peru Human Rights Day The embassy organised a public screening of the film Reportero, about Mexican journalists in the fight against drug cartels. Poland IDAHO The deputy ambassador took part in the Queer May Festival in Cracow, where the Dutch documentary I Am Gay and Muslim by Chris Belloni was shown. In his speech, the deputy ambassador talked about tackling LGBT discrimination.

Human Rights Day The embassy helped stage an exhibition on the Roma minority on Human Rights Day, and participated in the anniversary celebrations for TV station Belsat, which the Netherlands has supported. The Warsaw-based TV station broadcasts independent news programmes to Belarus. The embassy also organised a panel discussion to mark Human Rights Day and the annual commemoration of the start of martial law in Poland in 1981 (13 December). The main theme was solidarity. | 97 | Romania Human Rights Day The embassy organised an exhibition of photographs, a round table discussion of sexual and reproductive rights and other events in collaboration with Euroregional Center for Public Initia- tives, a human rights NGO that defends and promotes SRHR Russia IDAHO On 17 April an LGBT film festival opened that was organised by Russian NGO Side by Side and partly financed by the Dutch embassy.

Human Rights Day Around the time of Human Rights Day a project was launched to create a forum where students and teachers can discuss topical human rights issues and the problems of modern society. The project is due to run from 2013 to 2016. Rwanda IDAHO IDAHO was marked on 17 May with a meeting for LGBT activists at the ambassador’s residence.

Human Rights Day The embassy organised a meeting between human rights defenders and the diplomatic corps. Appendices

Senegal IDAHO On 16 May the Dutch and German embassies held an evening of film and debate at the Dutch residence. It was attended by over 40 guests who watched three short films, the first featuring a recent speech by Ban Ki-moon on LGBT rights. The ambassador then presided over a lively and frank debate, under Chatham House Rules, focusing on three subjects: 1) the role of the media and public opinion concerning LGBT issues, 2) the criminalisation of homosexuality, and 3) the role of civil society and human rights organisations in particular.

Human Rights Day To mark International Human Rights Day the mission supported four human rights events. On 23 November it organised a seminar on international law at which 60 students discussed the importance of the ICC. The debate was moderated by Senegalese and Dutch professors, and generated a lot of attention on social and conventional media. On 1 December, World AIDS Day, a free HIV/AIDS test was available to members of the LGBT community at the ambassador’s residence. On 2 December, the film Tall as the Baobab Tree was shown at the largest cinema in Dakar (capacity 700), in collaboration with the US embassy, to draw attention to the issue of child marriage. The embassy then arranged a further 30 screenings in schools and villages outside the city, so the film could reach those actually affected by the issue. Finally, on 10 December, there was an EU visit to Village Pilote, an NGO that offers street children shelter and the chance of a better future. Serbia IDAHO The embassy supported the organisers of the Serbian Gay Pride Parade. The film Warriors for Love was also shown. | 98 | Human Rights Day The embassy organised a screening of Call Me Kuchu, about LGBT activists in Uganda, at the Parobrod cultural centre. Before the film the deputy ambassador gave a speech about Dutch human rights policy and equal rights for LGBT people in particular. Slovenia Human Rights Day The embassy screened Call Me Kuchu, about LGBT activists in Uganda, at the Skuc Gallery. The film Reportero, on press freedom, was shown at the University of Ljubljana’s Faculty of Law. Before the film the faculty hosted a debate on ‘The economic crisis and human rights’, in which a number of lecturers, the Slovenian human rights ombudsman and a former judge of the Slovenian Supreme Court took part. South Korea Human Rights Day The Dutch embassy helped organise an international seminar on the truth about human rights violations in North Korea, focusing on China’s repatriation of North Korean defectors Sri Lanka IDAHO To mark IDAHO, an informal meeting was organised in collaboration with NGO Equal Ground. The embassy facilitated the debate, opening with a brief introduction on Dutch LGBT policy. Equal Ground gave a presentation followed by a round table discussion on the difficulties faced by LGBT people in Sri Lanka. Sudan Human Rights Day On 10 December the embassy in Khartoum focused on the subject of press freedom in Sudan. At the request of local journalists it organised an event where they could describe the situation and explore what support the Netherlands can give. The main part of the programme consisted of discussions of press freedom with local journalists. To make the event accessible to a wider audience, cultural activities, including an art and photography exhibition and short films, were also organised. Suriname Human Rights Day The embassy screened the film Forbidden Voices, about internet freedom in Iran, China and Cuba, in its garage. Human Rights Report 2013

Switzerland Human Rights Day The Permanent Mission to the UN in Geneva showed the film Tall as the Baobab Tree, which was followed by a panel discussion on the role of poverty in child marriage. The embassy in Bern organised an invitation-only meeting for Dutch CEOs in Switzerland.

Trinidad and Human Rights Day Tobago Professor Cees Flinterman was invited by the embassy in Port of Spain to give the keynote speech at a seminar entitled ‘Human Rights, Women and Children’. A lecture and debate were also organised for 15 students from the Human Rights Clinic of the Hugh Wooding Law School (HWLS).

Tunisia IDAHO The embassy organised a meeting with LGBT representatives to mark IDAHO. The participants were pleased to have a platform to exchange ideas.

Human Rights Day The embassy organised a round table meeting with a number of prominent human rights defenders on the theme of ‘Tunisia in transition: what is the human rights situation after the Jasmine Revolution?’ NGOs, the media, researchers and lawyers currently play an important role in promoting and encouraging the transition process and in safeguarding human rights. Turkey Human Rights Day The embassy in Ankara and the consulate-general in Istanbul organised the ‘EU Human Rights Film Days’ in collaboration with the EU Delegation in Ankara, 16 other EU member states and Switzerland. The Dutch embassy entered the film One Fine Day, which portrays six ‘ordinary’ | 99 | people who, through one small nonviolent act, have set something in motion that has had a major impact on the world. The consul-general gave a speech on the importance of Human Rights Day. On 10 December the ambassador also hosted a lunch meeting on the theme of women’s rights and labour market participation by women. Ukraine IDAHO The embassy organised a networking event in preparation for Kyiv Pride, bringing together LGBT activists, Dutch LGBT organisation COC and diplomats. United Human Rights Day Kingdom The embassy in London organised a public screening of the human rights film Forbidden Voices, about internet freedom in Iran, China and Cuba, followed by a panel discussion and drinks at the Frontline Club in London. United States Human Rights Day

Washington A programme was organised to celebrate women’s resilience in the face of violence. Introductory speakers included Tina Tchen, assistant to President Obama, and the Dutch ambassador. This was followed by a short performance by a chamber orchestra, highlighting the Scheherazade Initiative, a series of charity concerts that will culminate with a major performance at Carnegie Hall in 2015. The concerts will raise money for projects designed to eliminate gender-related violence.

New York The Netherlands and a group of like-minded countries sponsored an event on homophobia at the UN, attended by LGBT activists and world-famous athletes including Martina Navratilova. Solutions to violence and discrimination against LGBT people were discussed. The presence of the sports stars was important in helping break the taboo surrounding homosexuality in the sports world. Appendices

Vietnam IDAHO Embassy staff took part in the bicycle rally for Viet Pride 2013 and provided lunch for all participants afterwards.

Human Rights Day At the request of the Netherlands and Germany, on 10 December the EU Delegation hosted a lunch for Vietnamese human rights defenders, an informal event that brought together embassies and human rights defenders. The event was private and by invitation only, given the politically sensitive subject.

Yemen Human Rights Day The embassy in Sana'a showed four human rights films: Call Me Kuchu, about LGBT activists in Uganda; Tall as the Baobab Tree, about child marriage in Senegal; Reportero, about Mexican journalists facing up to the drug cartels; and Forbidden Voices, about internet freedom in Cuba, China and Iran. Zimbabwe Human Rights Day In the run-up to Human Rights Day the embassy collaborated with Hivos to launch a campaign entitled ‘Media Diversity – broaden your horizons’. Various events on media diversity in Zimbabwe took place over the course of a month, including film screenings, discussion forums, lectures for students at the media school and a major journalism competition, the winner of which received prizes including an exchange visit to the Netherlands.

| 100 | Human Rights Report 2013

Appendix 3 Key documents

Dutch policy documents • Respect and Justice for All: http://www.government.nl/government/documents-and-publications/notes/2013/06/14/ justice-and-respect-for-all.html • National Action Plan on Business and Human Rights: http://www.rijksoverheid.nl/documenten-en-publicaties/ publicaties/2014/01/30/national-action-plan-on-business-and-human-rights.html • Action Plan for Human Rights Defenders: http://www.government.nl/documents-and-publications/reports/2012/06/15/ action-plan-for-human-rights-defenders.html National Action Plan on Human Rights: http://www.government.nl/documents-and-publications/notes/2014/03/19/ national-action-plan-on-human-rights.html Plan of action on child sex tourism (in Dutch): http://bit.ly/1lFjKX0

Independent reports • Netherlands Institute for Human Rights Annual Report 2012: https://mensenrechten.nl/publicaties/detail/18902 (in English) and http://bit.ly/1d82G1I (in Dutch) • Ninth report of the National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children (in Dutch): http://bit.ly/1b8cSNp

Embassy activities • Blog on human rights worldwide (in Dutch): https://www.mensenrechtenwereldwijd.nl/ | 101 | EU documents • EU Strategic Framework and Action Plan on Human Rights and Democracy: http://bit.ly/1eD3We9 All EU guidelines on human rights (LGBT, women etc): http://eeas.europa.eu/human_rights/guidelines/index_en.htm enenKievParijsBuenosAiresMadridKoeweitHarareParijsMoskouPretoriaTripoliMadridDamascusPraagKobeKoealaLoempoerKaapstadLuandaKievLusakaDarEsSalaamM

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